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Photographic 

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Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MSBO 

(716)  872-4503 


^v 


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CIHM/ICMH 

Microfiche 

Series. 


CIHM/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  BibJiographic  Notes/Notss  techniques  et  bibliographiques 


The  Inatltute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibliographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


D 


Couverture  endommagie 

Covers  restored  and/or  laminated/ 
Couverture  restaurie  et/ou  pellicul^e 


□   Cover  title  missing/ 
Le  titre  de  couverture  manque 

□    Coloured  maps/ 
Cartes  giographiques  en  couleur 

□    Coloured  init  (i.e.  other  than  blue  or  biacit)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

I      I    Coloured  plates  and/or  illustrations/ 


D 


Planches  et/ou  illustrations  en  couleur 

Bound  with  other  material/ 
ReliA  avec  d'autres  documents 


FT]    Tight  binding  may  cause  shadows  or  distortion 


D 


D 


along  interior  margin/ 

La  reliure  serr^e  peut  causer  de  I'ombre  ou  de  la 

distortion  le  long  de  la  marge  intiriaure 

Blanl(  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsqua  cela  Atait  possible,  ces  pages  n'ont 
pas  6t6  filmdes. 

Additional  comments:/ 
Commentaires  supplAmantaires; 


L'Institut  a  microfiim6  le  meilleur  exemplaire 
qu'il  lui  a  6t6  possible  de  se  procurer.  Les  details 
de  cet  exemplaire  qui  sont  peut-dtre  uniques  du 
point  de  vue  bibliographique,  qui  peuvent  modifier 
une  image  reproduite,  ou  qui  peuvent  exiger  une 
modification  dans  la  methods  normale  de  filmage 
sont  tndiquAs  ci-dessous. 


I — I    Coloured  pages/ 


D 


This  item  is  filmed  at  the  reduction  ratio  checlted  below/ 

Ce  document  est  fiimA  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


12X 


y 


16X 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommag6es 

Pages  restored  and/oi 

Pages  restaur^es  et/ou  peilicui^es 

Pages  discoloured,  stained  or  foxe< 
Pages  d^colories,  tachet6es  ou  piqu^es 

Pages  detached/ 
Pages  ddtach^es 

Showthrough> 
Transparence 

Quality  of  prir 

Quality  In6gale  de  I'impression 

Includes  supplementary  materii 
Comprend  du  materiel  suppldmentaire 

Only  edition  available/ 
Seule  Edition  disponible 


I — j  Pages  damaged/ 

I — I  Pages  restored  and/or  laminated/ 

I — I  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

I      I  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I — I  Only  edition  available/ 


Th 
to 


Tr 

pt 
of 
fil 


O 
b( 

th 
si' 
ot 
fil 
si 
oi 


Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refilmed  to 
ensure  the  best  possible  image/ 
Las  pages  totalement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure, 
etc.,  ont  it6  fiim^es  A  nouveau  de  fapon  A 
obtenir  la  meiileure  image  possible. 


26X 


30X 


Tl 
si 

Tl 
w 

IV 

di 

81 

b( 
ri 
r€ 


20X 


24X 


28X 


32X 


ails 

du 

difier 

une 

lage 


rata 

0 


lelure, 


H 


32X 


Tha  copy  filmed  hara  has  baan  raproducad  thanks 
to  tha  oanarosity  of. 

Vancouver  Public  Library 


Tha  imagas  appaaring  hara  are  tha  bast  quality 
possible  considaring  tha  condition  and  legibility 
of  tha  original  copy  and  in  keeping  with  the 
filming  contract  specifications. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ♦■  (meaning  "CON 
TINUED"),  or  the  symbol  V  (meaning  "END"), 
whichever  applies. 

Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


-/t.':  : 

]    t 

3 

L'exemplaire  film*  fut  reproduit  grAca  A  la 
g6n6ro8itA  da: 

Vancouvor  Public  Library 


Las  images  suivantas  ont  AtA  raproduites  avec  le 
plus  grand  soin,  compta  tenu  de  la  condition  at 
da  la  nattetA  de  l'exemplaire  filmd,  et  en 
conformity  avec  les  conditions  du  contrat  de 
filmage. 

Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimAe  sont  filmis  en  commen^ant 
par  le  premier  plat  et  en  terminant  soit  par  la 
derniAre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  filmAs  en  commen^ant  par  la 
premiere  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telli* 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbole  —^  signifie  "A  SUIVRE".  le 
symbole  V  signifie  "FIN". 

Les  cartes,  planches,  tableaux,  etc.,  peuvent  dtre 
filmis  d  des  taux  de  reduction  diffArents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  cliche,  il  est  filmd  d  partir 
de  Tangle  supdrieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  n^cessaire.  Les  diagrammes  su'vants 
illustrent  la  miithode. 


■   t  • 

2 

3 

4 

5 

6 

KLONDIKE 


6'-' 


MINING  LAWS,  RULES  AND 
REGULATIONS 


—  OF  THE  — 


UNITED  STATES  AND  CAN  AD  A 


APPUCABLE  TO 


Alaska  and  Northwest  Territory 


II 


COPVHIGHr    189;   PV   W,  'J.   HlLI.b*ANr)  E.'M.    A-'SHBRMAN 


•>  »  •   .      ' «  »    <■ 


■J     :i        >    ■*  •  .      ) 


*       <        I  •  I 

^       •    »  I.     >    I 


W.  J.  HILLS  and  B.  M.  AUSHERMAN 

Mining  and  General  Attorneys 

SEATTLE.     -     -     -     WASHINGTON 


F»RICE,  FIPXY  CENXS 

FOR  SALE  BY  ALL  NEWS  AQBNTS 


W   J.  HI  us 


B.  M    AUSHRRMAN 


P.  0.  BOX  1168 
7 


rrr 


HILLS  S  AU8HERMAN 


MINING  AND  CORPORATION  LAWYERS 


o 

1^ 


Mining  and  business  interests  in  the  Pacific 
Northwest  looked  after  and  attended  to  very  care- 
fully for  all  of  our  clients. 

Careful  investigations  and  conservative  reports 

on  all  propositions  entrusted  to  us.     We  go  our- 

selves;  we  dojiat  ^end:ag5ents**.*»      . 

Prompt  R^pvieS-   **..      *   *  .*•'-••    « 


»    T  »  t . ... «.  » 


•       •    .    • 


•      ,  •  »    •        •        • 


•  • 


>!,•'.: •   . ' 

HON.  F.  E.  WARREV, 
HON.  C.  D    CLARK, 

U.  S.  Senators,  Washington,  D.  C 


.-t 


OFFICE : 
BURKE  BUILDING,  SEATTLE,  WASH. 


RRMAN 


SI 

^ERS 

cific 
are- 

►orts 
our- 


PREFACE 


o 

f         The  compilers  of  this  work   from  experience  in   the 
practice  of  mining  litigation  and  Icnowledge  of  the  needs 
and  information  required  by  the  average  miner  and  pros- 
pector, and  realizing  that  many  a  valuable  claim  has  been 
lost  to  the  discoverer  by  reason  of  his  lack  of  knowledge  of 
mining  laws  and  failure  to  properly  protect  himself  and  his 
property,  and  further  realizing  that  the  immense  go'd  fields 
of  the  Great  Northwest  lie  along  the  boundary  line  of  two 
separate  and  distinct  nations  whose   laws  are   largely  at 
variance,  have  deemed  it  advisable  to  compile  together  the 
^  Jaws  of  these  two  greatest  nations  on  earth,  furnishing  full 
f'data  and  complete  information  to  all  who  penetrate  or  be- 
-^  come  interested  in  the  famous  Klondike  region. 

The  compilers  will  be  satisfied  if  the  work  proves  to  be 
jjTi  practically  useful  and  assists  the  worthy  miner  in  protect- 
(^  ing  that  which  he  has  labored  for  and  so  worthily  gained. 


83082 


H.LWILHELM 


ATTORNEY  >*'  COUNSELOR  AT  LAW 


ALL  FEDERAL  AND  STATE  COURTS 


BURKE  BUILDING... 


Seattle,  Wash. 


JlA ,  ^1tricr^<p^t  en  }c{. 


UNITED  STATES  MINING  LAWS 


w 


5H. 


ALASKA 

Act  of  Congress  of  May  17,  1884.    An  Act  providing  a 
civil  government  for  Alaska. 

Section  8.  That  the  said  district  of  Alaska  is  hereby  cre- 
ated a  land  district,  and  a  United  States  land  office  for  said 
district  is  hereby  located  at  Sitka.  The  commissioner  pro- 
vided for  by  this  act  to  reside  at  Sitka  shall  be  ex-offlcio 
register  of  said  land  office,  and  the  clerk  provided  for  by 
this  act  shall  be  ex-officio  receiver  of  public  moneys,  and 
the  marshal  provided  for  by  this  act  shall  be  ex-officio  sur- 
veyor-general of  said  district,  and  the  laws  of  the  United 
States  relating  to  mining  claims,  and  the  rights  incident 
thereto,  shall,  from  and  aft'ir  the  passage. (!tf  this  act,  be  in 
full  force  and  effect  in  aaid-tlistriot,, 'Jnde'r  the-adatlnistra- 
tion  thereof  herein  provided  for,  sphject  to  sucii  r»iSulations 
a3  may  be  made  by  the  Socretary  iif  the  Tnterior,  approved  by 
the  President:  Provided,  That  tbte^  ^Indians  or  other  persons 
in  said  district  shall  not  be  disturbed'  in.  tire  pofPse^siOn  of 
any  lands  actually  in  i\<^\t  use:  or  06cupatl*>r>  or  ho'v'dlaitied 
by  them,  but  the  t*?r}h  uj'ider 'TvhicL"  such  peirsonS'  hiAy' ac- 
quire title  to  such  lands  is  reserved  for  future  legislation  by 
Congress  :  And  provided  further.  That  parties  who  have 
located  mines  or  mineral  privileges  therein  under  the  laws 
of  the  United  States  applicable  to  the  public  domain,  or 
who  have  occupied  and  improved  or  exercised  acts  of  owner- 
ship over  such  claims,  shall  not  be  disturbed  therein,  but 
shall  be  allowed  to  perfect  their  title  to  such  claims  by  pay- 
ment as  aforesaid:  And  provided  also.  That  the  land  not 
exceeding  six  hundred  and  forty  acres  at  any  station  now 
occupied  as  missionary  stations  among  the  Indian  tribes  in 
said  section,  with  the  improvements  thereon  erected  by  or 
for  such  societies,  shall  be  continued  in  the  occupancy  of 
the  several  religious  societies  to  which  said  missionary  sta- 
tions respectively  belong  until  action  by  Congress.     But 


(I  UNITED  STATES  MINING  LAWS  FOR  ALASKA. 

nothing  contained  In  this  act  shall  be  construed  to  put  In 
force  In  said  district  the  general  land  laws  of  the  United 
States. 

I^nd  Office  Regulations— 96.  The  administration  of  thH 
mining  laws  as  prescribed  by  these  regulations  will  be,  so 
far  as  applicable,  adopted  for,  and  extended  to  Alaska. 

(1)  The  ex-offlcio  register,  receiver,  and  surveyor-gen- 
eral, while  acting  as  such,  and  their  clerks  and  deputy  sur- 
veyors, will  be  deemed  subject  to  the  laws  and  regulations 
governing  the  official  conduct  and  responsibilities  of  similar 
officers  and  persons  under  general  statutes  of  the  United 
States. 

(2)  The  Commissioner  of  the  General  I>and  Office  wllK 
exercise  the  same  general  supervision  over  the  execution  of 
the  laws  as  are  or  may  be  exercised  by  him  in  other  mineral 
districts. 

TITLE   XXXII,  CHAPTER   6. 

MINERAL  LANDS  RESERVED— Sec.  2318.  In  all 
cases  lands  valuable  for  mineral  shall  be  reserved  from  sale, 
except  as  otherwise  expressly  directed  by  law. 

OPEN  TO  PURCHASE  BY  CITIZENS— Sec.  2319.  All 
valuable  mineral  dieposits  In  Jands  belonging  to  the  United 
States;,'  both  surveyed  and  unsurvoyfed,  are  hereby  declared 
to  be  fVec  and  open,  to  ejcploratfo^^  and  purchase,  and  the 
lands  in  which  t$ey  are  found  to  ofccupation  and  purchase, 
by  cjtlzens  of,  .the,  UniteS  States  and  those  who  have  de- 
claimed, .th^lr  inteiDtipn  to  become  .sucli,!  ^h'der  regulations 
prescribed  by'  iaw;  jipd  according  £©  Tthe  local  customs  or 
rules  of  miners  in  the  severaf  mining*  districts,  so  far  as 
the  same  are  applicable  and  not  inconsistent  with  the  laws 
of  the  United  States. 

DENGTH  OF  VEINS  OR  LODES— Sec.  2320.  Mining 
claims  upon  veins  or  lodes  of  quartz  or  other  rock  in  place 
bearing  gold,  silver,  cinnabar,  lead,  tin,  copper,  or  other 
valuable  deposits,  heretofore  located,  shall  be  governed  as 
to  length  along  the  vein  or  lode  by  the  customs,  regulations, 
and  laws  in  force  at  the  date  of  their  location.  A  mining 
claim  located  after  the  tenth  day  of  May,  eighteen  hun- 
dred and  seventy-two,  whether  located  by  one  or  more 
persons,  may  equal,  but  shall  not  exceed,  one  thousand 
five  hundred  feet  in  length  along  the  vein  or  lode;  but 
no  location  of  a  mining  claim  shall  be  made  until  the  die- 


PKA. 

to  put  In 
le  United 

on  of  thH 
ill  be,  so 
ska. 

eyor-gen- 
piity  8ur- 
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5f  similar 
le  United 

)fflce  wilK 
cution  of 
r  mineral 


In    all 
rom  sale, 

5319.  All 
le  United 
declared 
and  the 
purchase, 
have  de- 
arulationa 
stoms  or 
o  far  as 
the  laws 


.  Mining 
in  place 
3r  other 
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ulatious, 
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sen  hun- 
)r  more 
housand 
de;  bat 
the  die- 


UNITED  STATES   MIKING  LAWS  FOR   ALASKA.  7 

covery  of  the  vein  or  lode  within  the  limits  of  the  claim  lo- 
cated. No  claim  shall  extend  more  than  three  hundred 
feet  on  each  side  of  the  middle  of  the  vein  at  the  surface, 
nor  shall  any  claim  be  limited  by  any  mining  regulation  to 
less  than  twenty-five  feet  on  each  aide  of  the  middle  of  the 
vein  at  the  surface,  except  where  adverse  rights  existing 
on  the  tenth  day  of  May,  eighteen  hundred  and  seventy-two, 
render  such  limitation  necessary.  The  end  hnea  of  each 
claim  shall  be  parallel  to  each  other. 

PROOF  OP  CITIZENSHIP— Sec.  2321.  Proof  of  citizen- 
ship, under  this  chapter,  may  consist,  in  the  case  of  an  indi- 
vidual, of  his  own  affidavit  thereof;  in  the  case  of  an  associ- 
ation of  persons  unincorporated,  of  the  affidavit  of  their 
authorized  agent,  made  on  his  own  knowledge,  or  upon 
information  and  belief;  and  in  the  case  of  a  corporation 
organized  under  the  laws  of  the  United  States,  or  of  any 
StKte  or  Territory  thereof,  by  the  filing  of  a  certified  copy 
of  their  charter  or  certificate  of  Incorporation. 

LOCATORS'  RIGHT&— Sec.  2322.  The  locators  of  all 
mining  locations  heretofore  made  or  which  shall  hereafter 
be  made,  on  any  mineral  vein,  lode,  or  ledge,  situated  on  the 
public  domain,  their  heirs  and  assigns,  where  no  adverse 
claim  exists  on  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  so  long  as  they  comply  with  the  laws  of  the 
United  States,  and  with  State,  Territorial,  and  local  regu- 
lations not  in  conflict  with  the  laws  of  the  United  States 
governing  their  possessory  title,  shall  have  the  exclusive 
right  of  possession  and  enjoyment  of  all  the  surface  in- 
cluded within  the  lines  of  their  locations,  and  of  all  veins, 
lodes,  and  ledges  throughout  their  entire  depth,  the  top  or 
apex  of  which  lies  inside  of  such  surface  lines  extended 
downward  vertically,  although  such  veins,  lodes,  or  ledges 
may  so  far  depart  from  a  perpendicular  in  their  course 
downward  as  to  extend  outside  the  vertical  side  lines  of 
such  surface  locations.  But  their  right  of  possession  to 
such  outside  parts  of  sut^h  veins  or  ledges  shall  be  confined 
to  such  portions  thereof  as  lie  between  vertical  planes  drawn 
downward  as  above  described,  through  the  end  lines  of  their 
locations,  so  continued  In  their  own  direction  that  such 
planes  will  Intersect  such  exterior  parts  of  such  veins  or 
ledges.  And  nothing  In  thlg  section  shall  authorize  the  lo- 
cator or  possessor  of  a  vein  or  lode  which  extends  in  its 
downward  course  beyond  the  vertical  lines  of  his  claim  to 


8  UNITED  STATES  MINING  LAWS  FOR  ALASKA. 

enter  upon  the  surface  of  a  claim  owned  or  possessed  by 
another. 

OWNERS  OF  TUNNEL  RIGHTS— Sec.  2323.  Where  a 
tunnel  is  run  for  development  of  a  vein  or  lode,  or  for  the 
discovery  of  mines,  the  owners  of  such  tunnel  shall  have 
the  right  of  possession  of  all  veinn  or  lodes  within  three 
thousand  feet  from  the  face  of  such  tunnel  on  the  line  there- 
of, not  previously  known  to  exist,  discovered  in  such  tun- 
nel, to  the  same  extent  as  if  discovered  from  the  surface; 
and  locations  on  the  line  of  such  tunnel  of  veins  or  lodes 
not  appearing  on  the  surface,  made  by  other  parties  after 
the  commencement  of  the  tunnel,  and  while  the  same  is 
being  prosecuted  with  reasonable  diligence,  shall  be  invalid; 
but  failure  to  prosecute  the  work  on  the  tunnel  for  six 
months  shall  be  considered  as  an  abandonment  of  the  right 
to  all  undiscovered  veins  on  the  line  of  such  tunnel. 

REGULATIONS  BY  MINERS— Sec.  2324.  The  miners  of 
'iarh  mining  district  may  make  regulations  not  in  conflict 
with  the  laws  of  the  United  States,  or  with  the  laws  of  the 
State  or  Territory  in  which  the  district  is  situated,  govern- 
ing the  location,  manner  of  recording,  amount  of  work 
necessary  to  hold  possession  of  a  mining  claim,  subject  to 
the  following  requirements:  The  location  must  be  dis- 
tinctly marked  on  the  ground  so  that  its  boundaries  can  be 
readily  traced.  All  records  of  mining  claims  hereafter  made 
shall  contain  the  name  or  names  of  the  locators,  the  date 
of  the  location,  and  such  a  description  of  the  claim  or  claims 
located  by  reference  to  some  natural  object  or  permanent 
monument  as  will  identify  the  claim.  In  each  claim  lo- 
cated after  the  tenth  day  of  May,  eighteen  hundred  and 
seventy-two,  and  until  a  patent  has  been  issued  therefor, 
not  les9  than  one  hundred  dollars'  worth  of  labor  shall  be 
performed  or  improvements  made  during  each  year.  On  all 
claims  located  prior  to  the  tenth  day  of  May,  eighteen  hun- 
dred and/  seventy-two,  ten  dollaro*  worth  of  labor  shall  be 
performed  or  improvements  made  by  the  tenth  day  of  June, 
eighteen  hundred  and  seventy-four,  and  each  year  there- 
after, for  each  one  hundred  feet  in  length  along  the  vein 
until  a  patent  has  been  issued  therefor;  but  where  such 
claims  are  held  in  common,  such  expenditure  may  be  made 
upon  any  one  claim;  and  upon  a  failure  to  comply  with 
these  conditions,  the  claim  or  mine,  upon  which  such  failure 
occurred  shall  be  open  to  relocation  in  the  same  manner  aa 


KA. 

eased  by 

Where  a 
r  for  the 
lall  have 
lin  three 
ne  there- 
uch  tun- 
surface; 
or  lodes 
ies  after 
same  is 
Invalid; 
for  six 
he  right 


liners  of 
conflict 
^s  of  the 
gcvern- 
3f   work 
ibject  to 
be  dia- 
3  can  be 
er  made 
the  date 
r  claims 
rmanent 
laim  }o- 
red  and 
:herefor, 
shall  be 
On  all 
>en  hun- 
Bhall  be 
of  June, 
p  there- 
he  vein 
re  such 
>e  made 
ly  with 
I  failure 
uner  aa 


UNITED  STATES  MINING  LAWS  FOR  ALASKA.         9 

if  no  location  of  the  same  had  ever  been  made,  provided 
that  the  original  locators,  their  heirs,  assigns,  or  legal  rep- 
resentatives, have  not  resumed  work  upon  the  claim  after 
failure  and  before  such  localion.  Upon  the  failure  of  any 
one  of  several  co-owners  to  contribu  his  portion  of  the 
expenditures  required  hereby,  the  co-ov,ners  who  have  per- 
formed the  labor  or  made  the  ir^'^iovements  may,  at  Lhc 
expiration  of  a  year,  give  such  elinquent  co-owner  per- 
so'i^l  notice  in  writing  or  notice  by  pulJlcation  in  the  news- 
paper published  nearest  the  claim  f'^"  at  least  once  a  week 
for  ninety  days,  and  if  at  the  expiration  of  ninety  days  after 
such  notice  in  writing  or  by  publication  such  delinquent 
should  fail  or  refuse  to  contribute  his  portion  of  the  ex- 
penditure required  by  this  section,  his  interest  in  tue  claim 
shall  become- the  property  of  his  co-owners  who  have  made 
the  required  expenditures. 

PATENTS,  HOW  OBTAINED— Sec.  2325.  A  patent  for 
any  land  claimed  and  located  for  valuable  deposits  may  be 
obtained  in  the  following  manner:  Any  person,  associa- 
tion, or  corporation  authorized  to  locate  a  claim  under  this 
chapter,  having  claimed  and  located  a  piece  of  land  for  sucih 
purposes,  who  has,  or  have,  complied  with  the  terms  of  this 
chapter,  may  file  in  the  proper  landofflce  an  application  for 
a  patent,  under  oath,  showing  such  compliance,  together 
with  a  plat  and  field  notes  of  the  claim  or  claims  in  com- 
mon, made  by  or  under  the  direction  of  the  United  Stat^'^s 
Surveyor-General,  showing  accurately  the  boundaries  of  the 
claim  or  claims,  which  shall  be  distinctly  marked  by  mon- 
uments on  the  ground,  and  shall  post  a  copy  of  such  plat, 
together  with  a  notice  of  such  application  for  a  patent.  In 
a  conspicuous  place  on  th  land  embraced  In  such  plat  pre- 
vious to  the  filing  of  the  application  for  a  patent,  and  shall 
file  an  afliuavit  of  at  least  two  peidons  that  such  notice  has 
been  duly  posted,  and  shall  file  a  copy  of  the  notice  in  such 
land-office,  and  shall  thereupon  be  entitled  to  a  patent  for 
the  land,  in  the  following  manner:  The  register  of  the  land. 
oflBce,  upon  the  filing  of  such  application,  plat,  field-notes, 
notices,  and  affidavits,  shall  publish  a  notice  that  such  ap- 
plication has  been  made,  for  the  period  of  sixty  days,  In  a 
newspaper  to  be  by  him  designated  as  published  nearest  to 
such  claim;  and  he  sh  11  also  post  such  notice  In  his  office 
for  the  same  period.  The  claimant  at  the  time  of  filing  this 
aplication,  or  at  any  time  thereafter,  within  the  «ixty  days 


I 


10 


UNITED  STATES   MINING  LAWS   FOR   ALASKA. 


of  publication,  shall  file  with  the  register  a  certificate  of  the 
United  States  surveyor-general  that  five  hundred  dollary' 
worth  of  labor  has  been  expended  or  improvements  made 
upon  the  claim  by  himself  or  grantors;  that  the  plat  is 
correct,  with  such  further  description  by  such  reference  to 
natural  objects  or  permanent  monuments  as  shall  identify 
the  claim,  and  furnish  an  accurate  description,  to  be  incor- 
porated in  the  patent.  At  the  expiration  of  the  sixty  days 
of  publication  the  claimant  shall  file  his  affidavit,  showing 
that  the  plat  and  notice  have  been  posted  in  a  conspicuous 
place  on  the  claim  during  such  period  of  publication.  If  no 
adverse  claim  shall  have  been  filed  with  the  register  and 
the  receiver  of  the  proper  land-office  at  the  expiration  of 
the  sixty  days  of  publication,  it  shall  be  assumed  that  the 
applicant  is  entitled  to  a  patent,  upon  the  payment  to  the 
proper  officer  of  five  dollars  per  acre,  and  that  no  adverse 
claim  exists;  and  thereafter  no  objection  from  third  parties 
to  the  issuance  of  a  patent  shall  be  heard,  except  it  be 
shown  that  the  applicant  has  failed  to  comply  with  the  terms 
of  this  chapter. 

ADVERSE  PROCEEDINGS— Sec.  2326.  Where  an  ad- 
verse claim  is  filed  during  the  period  of  publication,  it  shall 
be  upon  oath  of  the  person  or  persons  making  tht  same,  and 
shall  show  the  nature,  boundaries,  and  extent  of  such  ad- 
verse claim,  and  all  proceedings,  except  the  publication  of 
notice  and  making  and  filing  of  the  affidavit  thereof,  shall 
be  stayed  until  the  controversy  shall  have  been  settled  or 
decided  by  a  court  of  competent  jurisdiction,  or  the  adverse 
claim  waived.  It  shall  be  the  duty  of  the  adverse  claimant, 
within  thirty  days  after  filing  his  claim,  to  commence  pro- 
ceedings in  a  court  of  competent  jurisdiction,  to  determine 
the  question  of  the  right  of  possession,  and  prosecute  the 
same  with  reasonable  diligence  to  final  judgment;  and  a 
failure  so  to  do  shall  be  a  waiver  of  his  adverse  claim.  After 
such  judgment  shall  have  been  rendered,  the  party  entitled 
to  the  possession  of  the  claim,  or  any  portion  thereof,  miiy, 
without  giving  further  notice,  file  a  certified  copy  of  the 
judgment  roll  with  the  register  of  the  land-office,  together 
with  the  certificate  of  the  surveyor-general  that  the  requisite 
amount  of  labor  has  been  expended  or  improvements  made 
thereon,  and  the  description  required  in  other  cases,  and 
shall  pay  to  the  receiver  five  dollars  per  acre  for  his  claim, 
together  with  the  proper  fees,  whereupon  the  whole  proceed- 


i 


SKA. 


UNITED  STATES  MINING  LAWS  FOR  ALASKA.        11 


ate  of  the 
d  dollars' 
mts  made 
le  plat  is 
ference  to 
1  identify 
be  incor- 
ixty  days 
showing 
nspicuous 
on.    If  no 
fister  and 
iration  of 
that  the 
!nt  to  the 
0  adverse 
rd  parties 
ept  it  be 
the  terms 


'e  an  ad- 
n,  it  shall 
same,  and 
such  ad- 
ication  of 
eof,  shall 
settled  or 
B  adverse 
claimant, 
ence  pro- 
ietermine 
Bcute  the 
t;   und  a 
n.    After 
■  entitled 
3of,  mtjy, 
y  of  tht 
together 
requisite 
Its  madp 
ses,  and 
is  claim, 
proceed- 


ings and  the  judgment-roll  shall  be  certified  by  the  register 
to  the  Commissioner  of  the  General  Land-Office,  and  a  patent 
shall  issue  thereon  for  the  claim,  or  such  portion  thereof  as 
the  applicant  shall  appear,  from  the  decision  of  the  court, 
to  rightly  possess.  If  it  appears  from  the  decision  of  the 
court  that  several  parties  are  entitled  to  separate  and  dif- 
ferent portions  of  the  claim,  each  party  may  pay  for  his  por- 
tion of  the  claim  with  the  proper  fees,  and  file  the  certificate 
and  description  by  the  surveyor-general,  whereupon  the  reg- 
ister shall  certify  the  proceedings  and  judgment-roll  to  the 
Commissioner  of  the  General  Land-Office,  as  in  the  preceding 
case,  and  patents  shall  issue  to  the  several  parties  accord- 
ing to  their  respective  rights.  Nothing  herein  contained 
shall  be  construed  to  prevent  the  alienation  of  a  title  con- 
veyed by  a  patent  for  a  mining-claim  to  any  person  what- 
ever. 

DESCRIPTION  OF  VEIN-CLAIMS— Sec.  2327.  The  de- 
scription of  vein  or  lode  claims,  upon  surveyed  lands,  shall 
designate  the  location  of  the  claim  with  reference  to  the 
lines  of  the  public  surveys,  but  need  not  conform  therewitli; 
but  where  a  patent  shall  be  issued  for  claims  upon  unsur- 
veyed  lands,  the  surveyor-general,  in  extending  the  surveys, 
shall  adjust  the  same  to  the  boundaries  of  such  patented 
claim,  according  to  the  plat  or  description  thereof,  but  so 
as  in  no  case  to  interfere  with  or  change  the  location  of  any 
such  patented  claim. 

PENDING  APPLICAl^ONS- EXISTING  RIGHTS— Sec. 
2328.  Applications  for  patents  for  mining-claims  under  for- 
mer laws  now  pending  may  be  prosecuted  to  a  final  decision 
in  the  General  Land-Office;  but  ^^^  such  cases  where  adverse 
rights  are  not  affected  thereby,  patents  may  issue  in  pur- 
suance of  the  provisions  of  this  chapter;  and  all  patents  for 
mining-claims  upon  veins  or  lodes  heretofore  issued  shall 
convey  all  the  rights  and  privileges  conferred  by  this  chap- 
ter where  no  adverse  rights  existed  on  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two. 

CONFORMITY  OF  PLACER-CLAIMS~Sec.  2329.  Claims 
usually  called  "placers,"  including  all  forms  of  deposit,  ex- 
cepting veins  of  quartz,  or  other  rock  in  place,  shall  be  sub- 
ject to  entry  and  patent,  under  like  circumstances  and  con- 
ditions, and  upon  similar  proceedings,  as  are  provided  for 
vein  or  lode  claims;   but  where  the  lands  have  been  pre- 


12        UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


It 


i^! 


viously  surveyed  by  the  United  States,  the  entry  in  its  ex- 
terior limits  shall  conform  to  the  legal  subdivisions  of  the 
public  lands. 

SUBDIVISIONS— Sec.  2330.  Legal  subdivisions  of  forty 
acres  may  be  subdivided  into  ten-acre  tracts;  and  two  or 
mere  persons,  or  associations  of  persons,  having  contigous 
claims  of  any  size,  although  such  claims  may  be  less  than 
ten  acres  each,  may  make  joint  entry  thereof;  but  no  loca- 
tion of  a  placer-claim,  made  after  the  ninth  day  of  July, 
eighteen  hundred  and  seventy,  shall  exceed  one  hundred  and 
sixty  acres  tor  any  one  person  or  association  of  persons, 
which  location  shall  conform  to  the  United  States  surveys; 
and  nothing  in  this  section  contained  shall  defeat  or  im- 
pair any  bona  fide  pre-emption  or  homestead  claim  upon 
agricultural  lands,  or  authorize  the  sale  of  the  improvements 
of  any  bona  fide  settler  to  any  purchaser. 

CONFORMITY  TO  SURVEYS— Sec.  2331.  Where  placer- 
claims  are  upon  surveyed  lands,  and  conform  to  legal  subdi- 
visions, no  further  survey  or  plat  shall  be  required,  and  all 
placer-mining  claims  located  after  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two,  shall  conform  as  near 
as  practicable  with  the  United  States  system  of  public-land 
surveys,  and  the  rectangular  subdivisions  of  such  surveys, 
and  no  such  location  shall  include  more  than  twenty  acres 
for  each  individual  claimant;  but  where  placer-claims  can 
not  be  conformed  to  legal  subdivisions,  survey  and  plat  shall 
be  made  as  on  unsurveyed  lands;  and  where  by  the  segre- 
gation of  mineral  lands  in  any  legal  subdivision  a  quantity 
of  agricultural  land  less  than  forty  acres  remains,  such  frac- 
tional portion  of  agricultural  land  may  be  entered  by  any 
party  qualified  by  law,  for  homestead  or  pre-emption  pur- 
poses. 

EVIDENCE  OF  POSSESSION— Sec.  2332.  Where  such 
person  or  association,  they  and  their  grantors,  have  hold 
and  worked  their  claims  for  a  period  equal  to  the  time  pre- 
scribed by  the  statute  of  limitations  for  mining-claims  of  the 
State  or  Territory  where  the  same  may  be  situated,  evidence 
of  such  posession  and  working  of  the  claim  for  such  period 
shall  be  sufficient  to  establish  a  right  to  a  patent  thereto 
under  this  chapter,  in  the  absence  of  any  adverse  claim;  but 
nothing  in  this  chapter  shall  be  deemed  to  impair  any  lien 
which  may  have  attached  in  any  way  whatever  to  any  min- 


UNITED  STATES  MINING  LAWS  FOR  ALASKA.        13. 

ing-claim  or  property  thereto  attached  prior  to  the  issuance 
of  a  patent. 

PROCEEDINGS  FOR  PATENT— Sec.  2333.  Where  the 
same  person,  association,  or  corporation  is  in  possession 
of  a  placer-claim,  and  also  a  vien  or  lode  included  within 
the  boundaries  thereof,  application  shall  be  made  for  a 
patent  for  the  placer-claim,  with  the  statement  that  it  in- 
cludes such  vein  or  lode,  and  in  such  case  a  patent  shall 
issue  for  the  placer-claim,  subject  to  the  provisions  of  this 
chapter,  including  such  vein  or  lode,  upon  the  payment  of 
five  dollars  per  acre  for  such  vein  or  lode  claim,  and  twenty- 
five  feet  of  surface  on  each  side  thereof.  The  remainder  of 
the  placer-claim,  or  any  placer-claim  not  embracing  any 
vein  or  lode-claim,  shall  be  paid  for  at  the  rate  of  two  dol- 
lars and  fifty  cents  per  acre,  together  with  all  costs  of  pro- 
ceedings; and  where  a  vein  or  lode,  such  as  is  described  In 
section  twenty-three  hundred  and  twenty,  is  known  to  exist 
within  the  boundaries  of  a  placer-claim,  an  application  for 
a  patent  for  such  placer-claim  which  does  not  include  an 
application  for  the  vein  or  lode  claim  shall  be  construed  as  a 
conclusive  declaration  that  the  claimant  of  the  placer-claim 
has  no  right  of  pofesesssion  of  the  vein  or  lode  claim;  but 
where  the  existence  of  a  vein  or  lode  in  a  placer-claim  is 
not  known,  a  patent  for  the  placer-claim  shall  convey  all 
valuable  mineral  and  other  deposits  within  the  boundaries 
thereof. 

SURVEYOR-GENERAL  TO  APPOINT  SURVEYORS— 
Sec.  2334.  The  surveyor-general  of  the  United  States  may  ap- 
point in  each  land-district  containing  mineral  lands  as  many 
competent  surveyors  as  shall  apply  for  appointment  to  sur- 
vey mining-claims.  The  expenses  of  the  survey  of  vein  or 
lode  claims,  and  the  survey  and  subdivision  of  placer-claims 
into  smaller  quantities  than  one  hundred  and  sixty  acres, 
together  with  the  cost  of  publication  of  notices,  shall  be 
paid  by  the  applicants,  and  they  shall  be  at  liberty  to  obtain 
the  same  at  the  most  reasonable  rates,  and  they  shall  also 
be  at  liberty  to  employ  any  United  States  deputy  surveyor 
■  >  make  the  survey.  The  Commissioner  of  the  General  Land- 
Office  shall  also  have  power  to  establish  the  maximum 
charges  for  surveys  and  publication  of  notices  under  this 
chapter;  and,  in  case  of  excessive  charges  for  publication, 
he  may  designate  any  newspaper  published  in  a  land-district 


H! 


14        UNITED  STATES  MINING  LAWS  FOR  ALASKA. 

where  mines  are  situated  for  the  publication  of  mining  no- 
tices in  such  district,  and  fix  the  rates  to  be  charged  by  such 
paper;  and,  to  the  end  that  the  Commissioner  may  be  fully 
informed  on  the  subject,  each  applicant  shall  file  with  the 
register  a  sworn  statement  of  all  charges  and  fees  paid  by 
such  applicant  for  publication  and  surveys,  together  with  all 
fees  and  money  paid  the  register  and  the  receiver  of  the 
land-office,  which  statement  shall  be  transmitted,  with  the 
other  papers  in  the  case,  to  the  Commissioner  of  the  General 
Land-Office. 

VERIFICATION  OF  AFFIDAVITS,  ETC.— Sec.  2335. 
All  affidavits  required  to  be  made  under  this  chapter  may 
be  verified  before  any  officer  authorized  to  administer  oaths 
within  the  land-(' strict  where  the  claims  may  be  situated, 
and  all  testimony  and  proofs  may  be  taken  before  any  such 
officer,  and,  when  duly  certified  by  the  officer  taking  the 
same,  shall  have  the  same  force  and  effect  as  if  taken  be- 
fore the  register  and  receiver  of  the  land-office.  In  cases  of 
contest  as  to  the  mineral  or  agricultural  character  of  land, 
the  testimony  and  proofs  may  be  taken  as  herein  provided 
on  personal  notice  of  at  least  ten  days  to  the  opposing  party; 
or  if  such  party  cannot  be  found,  then  by  publication  Oi  at 
least  once  a  week  for  thirty  drys  in  a  newspaper,  to  be  des- 
ignated by  the  register  of  the  land-office  as  published  near- 
est to  the  location  of  such  land;  and  the  register  shall  re- 
quire proof  that  such  notice  has  been  given. 

WHERE  VEINS  INTERSECT,  ETC.— Sec.  2336.  Where 
two  or  more  veins  intersect  or  cross  each  other,  priority  of 
title  shall  govern,  and  such  prior  location  shall  be  entitled  to 
all  ore  or  mineral  contained  within  the  space  of  intersection; 
but  the  subsequent  location  shall  have  the  right  of  way 
through  the  space  of  Intersection  for  the  purposes  of  the 
convenient  working  of  the  mine.  And  where  two  or  more 
veins  unite,  the  oldest  or  prior  location  shall  take  the  vein 
below  the  point  of  union.  Including  all  the  space  of  inter- 
section. 

PATENTS  FOR  NON-MINERAL  LAND,  ETC.— Sec. 
2337.  Where  non-mineral  land  not  contiguous  to  the  vein  or 
lode  is  used  or  occupied  by  the  proprietor  of  such  vein  or 
lode  for  mining  or  milling  purposes,  surh  non-adjacent  sur- 
face-ground may  be  embraced  and  Included  in  an  applica- 
tion for  a  patent  for  such  vein  or  lode,  and  the  same  may 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


15 


ling  no- 
J  by  such 
(be  fully 

^Ith  the 
I  paid  by 
Iwlth  all 
of  the 

^Ith  the 
[General 

ic.    2336. 
;er  may 
r  oaths  . 
lituated, 
ny  such 
ing  the 
ken  be- 
ca^es  of 
of  land, 
irovided 
?  party; 
)n  oi  at 
be  des- 
►d  near- 
ball  re- 


Where 
)rity  of 
itled  to 
ection; 
)f  way 
of  the 
r  more 
te  vein 
inter- 

.— Sec. 
eln  or 
Bin  or 
t  sur- 
»plica- 
5  may 


to  the  same  preliminary  le- 
notice  as  are  applicable  '"^ 
hereafter  made  of  such  non- 
acres,  and  payment  for  the 
rate  as  fixed  by  this  chapter 
The  owner  of  a  quartz-mill 
a  mine  in  connection  there- 
for his  mill-site,  as  provided 


be  patented  therewith,  subject 
quirements  as  to  survey  and 
veins  or  lodes;  but  no  location 
adjacent  land  shall  exceed  five 
same  must  be  made  at  the  same 
for  the  superficies  of  the  lode, 
or  reduction-works,  not  owning 
with,  may  also  receive  a  patent 
in  this  section. 

SALE  BY  LOCAL  LEGISLATURE— Sec.  2338.  As  a  con- 
dition of  sale,  in  the  absence  of  necessary  legislation  by 
Congress,  the  local  legislature  of  any  State  or  Territory  may 
provide  rules  for  working  niines,  involving  easements,  drain- 
age, and  other  necessary  means  to  their  complete  develop- 
ment; and  those  conditions  shall  be  fully  expressed  in  the 
patent. 

RIGHTS  TO  USE  WATER  FOR  MINING— Sec.  2339. 
Whenever,  by  priority  of  possession,  rights  to  the  use  of 
water  for  mining,  agricultural,  manufacturing,  or  other  pur- 
poses, have  vested  and  accrued,  and  the  same  are  recognized 
and  acknowledged  by  the  local  customs,  laws,  and  the  de- 
cisions of  courts,  the  possessors  and  owners  of  such  vested 
rights  shall  be  maintained  and  protected  in  the  same;  and 
the  right  of  way  for  the  construction  of  ditches  and  canals 
for  the  purposes  herein  specified  is  acknowledged  and  con- 
firmed; but  whenever  any  person,  in  the  construction  of  any 
ditch  or  canal,  injures  or  damages  the  possession  of  any 
settler  on  the  public  domain,  the  party  committing  such  in- 
jury or  damage  shall  be  liable  to  the  party  injured  for  such 
injury  or  damage. 

PATENTS  SUBJECT  TO  WATER  RIGHTS— Sec.  2340. 
All  patents  granted,  or  pre-emption  or  homestead  allowed, 
shall  be  subject  to  any  vested  and  accrued  water-rights,  or 
rights  to  ditches  and  reservoirs  used  in  connection  with 
such  water-rights,  as  may  have  been  acquired  under  or 
riecognized  by  the  preceding  section. 

'  MINERAL  LANDS  SUBJECT  TO  HOMESTEADS— Sec. 
2341.  Wherever,  upon  the  lands  heretofore  designated  as 
nbineral  lands,  which  have  been  excluded  from  survey  and 
skle,  there  have  been  homesteads  made  by  citizens  of  the 
Ignited  StmteB,  or  persons  who  have  declared  t&eit*  Intention 
to  become  citizens,  which  homesteads  have  been  made,  Ipi- 


16        UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


liill  \ 


m 


li 


proved,  and  used  for  agricultural  purposes,  and  upon  which 
there  have  been  no  valuable  mines  of.  gold,  silver,  cinnabar, 
or  copper  discovered,  and  which  are  properly  agricultural 
lands,  the  settlers  or  owners  of  such  homesteads  shall  have 
a  right  of  pre-emption  thereto,  and  shall  be  entitled  to  pur- 
chase the  same  at  the  price  of  one  dollar  and  twenty-five 
cents  per  acre,  and  in  quantity  not  to  exceed  one  hundred 
and  sixty  acres;  or  they  may  avail  themselves  of  the  pro- 
visions of  chapter  five  of  this  Title,  relating  to  "Home- 
steads." 

HOW  SET  APART  AS  AGRIOULTURALr-Sec.  2342. 
Upon  the  survey  of  the  lands  described  in  the  preceding  sec- 
tion, the  Secretary  of  the  Interior  may  designate  and  set 
apart  such  portions  of  the  same  as  are  clearly  agricultural 
lands,  which  lands  shall  thereafter  be  subject  to  pre-emp- 
tion and  sale  as  other  public  lands,  and  be  subject  to  all  the 
laws  and  regulations  applicable  to  the  same. 

ADDITIONAL  LAND-DISTRICTS  AND  OFFICERS— 
Sec.  2343.  The  President  is  authorized  to  establish  addi- 
tional land-districts,  and  to  appoint  the  necessary  oflScera 
under  existing  laws,  wherever  he  may  deem  the  same  neces- 
sary for  the  public  convenience  in  executing  the  provisions 
of  this  chapter. 

NOT  TO  AFFECT  CERTAIN  RIGHTS— Sec.  2344.  Noth- 
ing contained  in  this  chapter  shall  be  construed  to  impair, 
in  any  way,  rights  or  interests  in  mining  property  acquired 
under  existing  laws;  nor  to  affect  the  provisions  of  the  act 
entitled  "An  act  granting  to  A.  Sutro  the  right  of  way  and 
other  privileges  to  aid  in  the  construction  of  a  draining  and 
exploring  tunnel  to  the  Comstock  lode,  in  the  State  of  Ne- 
vada," approved  July  twenty-five,  eighteen  hundred  and 
sixty-six. 

IN  CERTAIN  STATES  EXCEPTED— Sec.  2345.  The 
provisions  of  the  preceding  sections  of  this  chapter  shall  not 
apply  to  the  mineral  lands  situated  in  the  States  of  Michi- 
gan, Wisconsin,  and  Minnesota,  which  are  declared  free  and 
open  to  exploration  and  purchase  according  to  legal  subdi- 
visions, in  like  manner  as  before  the  tenth  day  of  May, 
eighteen  hundred  and  seventy-two.  And  any  bona  fide  en- 
tries of  such  lands  within  the  States  named  since  the  tenth 
of  May,  eighteen  hundred  and  seventy-two,  may  be  pat- 
ented without  reference  to  any  of  the  foregoing  provisions 


IKA. 

on  which 
Jinnabar, 
•icultural 
lall  have 
to  pur- 
enty-flve 
hundred 
the  pro- 
"Home- 

ec.  2342. 
iing  sec- 
and  set 
icultural 
)re-emp- 
0  all  the 

'CERS— 
3h  addl- 
officera 
e  neces- 
ovisions 

4.  Noth- 
impair, 
icquired 
the  act 
vay  and 
ing  and 
!  of  Ne- 
ed   and 

).     The 
lall  not 

Michi- 
fee  and 

subdi- 
t  May. 
ide  en- 
3  tenth 
>e  pat- 
visions 


UNITED  STATES  MINING  LAWS  FOR  ALASKA.        17 

of  this  chapter.  Such  lands  shall  be  offered  for  public  sale 
in  the  same  manner,  at  the  same  minimum  price,  and  under 
the  same  rights  of  pre-emption  as  other  public  lands. 

GRANT  NOT  TO  INCLUDE  MINERAL— Sec.  2346.  No 
act  passed  at  the  first  session  of  the  thirty-eighth  Congress, 
granting  lands  to  States  or  corporations  to  aid  in  the  con- 
struction of  roads  or  for  other  purposes,  or  to  extend  Lhe 
time  of  grants  made  prior  to  the  thirtieth  day  of  January, 
eighteen  hundred  and  sixty-five,  shall  be  so  construed  as  to 
embrace  mineral  lands,  which  in  all  cases  are  reserved  ex- 
clusively to  the  United  States,  unless  otherwise  specially 
provided  in  the  act  or  acts  making  the  grant. 


REPEAL  PROVISIONS 

TITLE    LXXIV. 

WHAT  STATUTES  EMBRACE— Sec.  5595.  The  fore- 
going seventy-three  titles  embrace  the  statutes  of  the 
United  States  general  and  permanent  in  their  nature,  in 
force  on  the  first  day  of  December,  one  thousand  eight 
hundred  and  seventy-three,  as  revised  and  consolidated  by 
commissioners  appointed  under  an  act  of  Congress,  and 
the  same  shall  be  designated  and  cited  as  The  Revised 
Statutes  of  the  United  States. 

REPEAL  OF  ACTS— Sec.  5596.  All  acts  of  Congress 
passed  prior  to  said  first  day  of  December,  one  thousand 
eight  hundred  and  seventy-three,  any  portion  of  which  is 
embraced  in  any  section  of  said  revision,  are  hereby  re- 
pealed, and  the  section  applicable  thereto  shall  be  in  force 
in  lieu  thereof;  all  parts  of  such  acts  not  contained  in 
such  revision,  having  been  repealed  or  superceded  by  sub- 
Loquent  acts,  or  not  being  general  and  permanent  in  their 
nature:  Provided,  That  the  incorporation  into  such  re- 
vision of  any  general  and  permanent  provision,  taken  from 
an  act  making  appropriations,  or  from  an  act  containing 
other  provisions  of  a  private,  local,  or  temporary  character, 
shall  not  repeal,  or  in  any  way  affect  any  appropriation, 
or  any  provision  of  a  private,  local,  or  temporary  charac- 


nw 


18 


UNITED  STATES  MINING  LAW&  FOR  ALASKA. 


ter,  contained  In  any  of  said  acts,  but  the  same  shall  re- 
main in  force;  and  all  acts  of  Congress  passed  prior  to  said 
last-named  day  no  part  of  which  are  embraced  in  said 
provision,  shall  not  be  affected  or  changed  by  its  enact- 
ment. 

ACCRUED  RIGHTS  RESERVED--Sec.  5597.  The  re- 
peal of  the  several  acts  embraced  in  £  1  revision,  shall 
not  affect  any  act  done,  or  any  right  a  .  "uing  or  accrued, 
or  any  suit  or  proceeding  had  or  commenced  in  any  civil 
cause  before  the  said  repeal,  but  all  rights  and  liabilities 
under  said  acts  shall  continue,  and  may  be  enforced  in  the 
.*nme  manner,  as  if  said  repeal  had  not  been  made;  nor  shall 
said  repeal,  in  any  manner  affect  the  right  to  any  office,  or 
cliange  the  term  or  tenure  thereof. 

PROSECUTIONS— Sec.  5598.  All  offenses  committed, 
and  all  penalties  or  forfeitures  incurred  under  any  statute 
embraced  in  said  revision  prior  to  said  repeal,  may  be  pros- 
ecuted and  punished  in  the  same  manner  and  with  the 
same  effect,  as  if  said  repeal  had  not  been  made. 

LIMITATION— Sec.  5599.  All  acts  of  limitation,  wheth- 
er applicable  to  civil  causes  and  proceedings,  or  to  the 
prosecution  of  offenses,  or  for  the  recovery  of  penalties  or 
forfeitures,  embraced  in  said  revision  and  covered  by  said 
repeal,  shall  not  be  affected  thereby,  but  all  suits,  proceed- 
ings, or  prosecutions,  whether  civil  or  criminal,  for  causes 
arising,  or  acts  done  or  committed  prior  to  said  repeal, 
may  be  commenced  and  prosecuted  within  the  same  time 
as  if  said  repeal  had  not  been  made. 

CLASSIFICATION  OF  SECTIONS— Sec.  5600.  The  ar- 
rangement and  classification  of  the  several  sections  of  the 
revision  have  been  made  for  the  purpose  of  a  more  con- 
venient and  orderly  arrangement  of  the  same,  and  there- 
fore no  inference  or  presumption  of  a  legislative  construc- 
tion is  to  be  drawn  by  reason  of  the  Title,  under  which  any 
particular  section  is  placed. 

ACTS  SINCE  DEC.  1,  1873,  NOT  AFFECTED— Sec. 
5601.  The  enactment  of  the  said  revision  is  not  to  affect 
or  repeal  any  act  of  Congress  passed  since  the  first  day 
of  December,  one  thousand  eight  hundred  and  seventy- 
three,  and  all  acts  pasted  since  that  date  are  to  have  full 


KA. 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


19 


shall  re- 
r  to  said 
in  said 
;s  enact- 

The  re- 
)n,  shall 

accrued, 
my  civil 
labilities 
d  in  the 
aor  shall 
Dfflce,  or 

nmitted, 
r  Statute 
be  pros- 
nth   the 


,  wheth- 
'  to  the 
iltiea  or 
by  said 
procaed- 
r  causes 
repeal, 
ne  time 


The  ar- 
J  of  the 
ire  con- 
l  there- 
)nstruc- 
Ich  any 


D— Sec. 
)  affect 
•St  day 
Bventy- 
Lve  full 


effect  as  if  passed  after  the  enactment  of  this  revision,  and 
so  far  as  such  acts  vary  from,  or  conflict  with  any  provision 
contained  in  said  revision,  they  are  to  have  effect  as  subse- 
quent statutes,  and  as  repealing  any  portion  of  the  revision 
inconsistent  therewith. 

Approved  June  22,  1874. 

Act  of  June  6,  1874,  Extending  Assessment. 

AN  ACT  to  amend  the  act  entitled  "An  act  to  promote  the 
development  of  the  mining  resources  of  the  United 
States,"  passed  May  tenth,  eighteen  hundred  and 
seventy-two. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  assem- 
bled, That  the  provisions  of  the  fifth  section  of  the  act 
entitled  "An  act  to  promote  the  development  of  the  mining 
resources  of  the  United  States,"  passed  May  tenth,  eighteen 
hundred  and  seventy-two,  which  requires  expenditures  of 
labor  and  improvements  on  claims  located  prior  to  the 
passage  of  said  act,  are  hereby  so  amended  that  the  time 
for  the  first  annual  expenditure  on  claims  located  prior  to 
the  passage  of  said  act  shall  be  extended  to  the  first  day  of 
January,  eighteen  hundred  and  seventy-five. 

Act  of  February  11,  1875;  tunnels: 

AN  ACT  to  amend  section  two  thousand  three  hundred  and 
twenty-four  of  the  Revised  Statutes,  relating  to  the  de- 
velopment of  the  mining  resources  of  the  United  States. 
Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled. That  section  two  thousand  three  hundred  and 
twenty-four  of  the  Revised  Statutes  be,  and  the  same  is 
hereby  amended  so  that  where  a  person  or  company  has 
or  may  run  a  tunnel  for  the  purpose  of  developing  a  lode 
or  lodes,  owned  by  said  person  or  company,  the  money  so 
expended  in  said  tunnel  shall  be  taken  and  considered  as 
expended  on  said  lode  or  lodes,  whether  located  prior  to 
or  since  the  passage  of  said  act,  and  such  person  or  com- 
pany shall  not  be  required  to  perform  work  on  the  surface 
of  said  lode  or  lodes  in  order  to  hold  the  same  as  required 
by  said  act. 

Approved  February  11,  1875.     (18  Stat,  315.) 


m 


20         UNITED   STATES   MINING   LAWS   FOR   ALASKA. 

Act  of  June  3,  1878,  Timber. 

AN  ACT  authorizing  tlie  citizens  of  Colorado,  Nevada  and 
V     tlie  Territories  to  fell  and  remove  timber  on  the  pub- 
lic domain  for  mining  and  domestic  purposes. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled, That  all  citizens  of  the  United  States  and  other 
persons,  bona  fide  residents  of  the  State  of  Colorado  or 
Nevada,  or  either  of  the  Territories  of  New  Mexico,  Ari- 
zona, Utah,  Wyoming,  Dakota,  Idaho,  or  Montana,  and  all 
other  mineral  districts  of  the  United  States,  shall  be  and 
are  hereby,  authorized  and  permitted  to  fell  and  remove, 
for  building,  agricultural,  mining,  or  other  domestic  pur- 
poses, any  timber  or  other  trees  growing  or  being  on  the 
public  lands,  said  lands  being  mineral,  and  not  subject  to 
entry  under  existing  laws  of  the  United  States,  except  for 
mineral  entry,  in  either  of  said  States,  Territories,  or  dis- 
tricts of  which  such  citizens  or  persons  may  be  at  the  time 
bona  fide  residents,  subject  to  such  rules  and  regulations 
as  the  Secretary  of  the  Interior  may  prescribe  for  the  pro- 
tection of  the  timber  and  of  the  undergrowth  growing  upon 
such  lands,  and  for  other  purposes:  Provided,  The  pro- 
visions of  this  act  shall  not  extend  to  railroad  corporations. 

Sec.  2.  That  it  shall  be  the  duty  of  the  register  and  the 
receiver  of  any  local  land-ofRce  In  whose  district  any  mln- 
eral  land  may  be  situated  to  ascertain  from  time  to  time 
whether  smy  timber  is  being  cut  or  used  upon  any  such 
lands,  except  for  the  purposes  authorized  by  this  act,  within 
their  respective  land  districts;  and,  if  so,  they  shall  imme- 
diately notify  the  Commissioner  of  the  General  Land-Of- 
fice of  that  fact;  and  all  necessary  expenses  incurred  in 
making  such  proper  examinations  shall  be  paid  and  allowed 
such  register  and  receiver  in  making  up  their  next  quar- 
terly accounts. 

Sec.  3.  Any  person  or  persons  who  shall  violate  the 
provisions  of  this  act,  or  any  rules  and  regulatiDns  in  pur- 
suance thereof  male  by  the  Secretary  of  the  Interior,  shall 
be  deemed  guilty  of  a  misdemeanor,  and,  upon  conviction, 
shall  be  fined  in  any  sum  not  exceeding  five  hundred  dol- 
lars, and  to  which  may  be  added  imprisonment  for  any 
term  not  exceeding  six  months. 


KA. 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


21 


'"ada  and 
the  pub- 

)resenta- 
ress  as- 
id  other 
)rado  or 
CO,  Ari- 
and  all 
be  and 
remove, 
itlc  pur- 
■  on  the 
bject  to 
cept  for 
or  dis- 
;he  time 
ulations 
the  pro- 
ng upon 
he  pro- 
•rations. 
and  the 
ly  mlH' 
to  time 
ly  such 
,  within 
imme- 
and-Of- 
rred  in 
allowed 
t  quar- 

ite  the 
in  pur- 
r,  shall 
miction, 
3d  dol- 
>r  any 


.  Act  of  Jan.  22,  1880,  Application  by  Agent. 

AN  ACT  to  amend  section  twenty-three  hundred  and 
twenty-four  and  twenty-three  hundred  v^nd  twenty-flve 
of  the  Revised  Statutes  of  the  United  States  concerning 
mineral  lands. 

Be  it  enacted  by  the  Senate  and  House  of  Representa- 
tives of  the  United  States  of  America  in  Congress  as- 
sembled. That  section  twenty-three  hundred  and  twenty- 
flve  of  the  Revised  Statutes  of  the  United  States  be 
amended  by  adding  hereto  the  following  words:  "Provided, 
That  where  the  claimant  for  a  patent  is  not  a  resident  of 
or  within  the  land-district  wherein  the  vein,  lode,  ledge, 
or  deposit  sought  to  be  patented  is  located,  the  application 
for  patent  and  the  affidavits  required  to  be  made  in  tliLs 
section  by  the  claimant  for  such  patent  may  be  made  by 
his,  her,  or  its  authorized  agent,  where  said  agent  is  cou- 
versant  witli  the  facts  sought  to  be  established  by  said 
affidavits:  And  provided,  That  this  section  shall  apply 
to  all  applications  now  pending  for  patents  to  mineral 
lands." 

Sec.  2.  That  section  twenty-three  hundred  and  twenty- 
four  of  the  Revised  Statutes  of  the  United  States  be 
amended  by  adding  the  following  words:  "Provided,  That 
the  period  within  which  the  work  required  to  be  done 
annually  on  all  unpatented  mineral  claims  shall  commence 
on  the  first  day  of  January  succeeding  the  date  of  location 
of  such  claim,  and  this  section  shall  apply  to  all  claims 
located  since  the  tenth  day  of  May,  anno  Domini  eighteen 
hundred  and  seventy-two." 

Act  of  March  3,  1881,  Failure  in  Title. 

AN    ACT    to    amend    section    twenty-three  hundred   and 
twenty-six  of  the  Revised  Statutes  relating  to  suits  at 
law  affecting  the  title  to  mining-claims. 
Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives  of  the  United    States    of    America  in  Congress  as- 
sembled. That  if,  in  any  action  brought  pursuant  to  sec- 
tion twenty-three  hundred  and  twenty-six  of  the  Revised 
Statutes,  title  to  the  ground  in  controversy  shall  not  be 
esablished  by  either  party,  the  jury  shall  so  find,  and  judg- 
ment shall  be  entered  according  to  the  verdict.     In  such 


m 


'.«i. 


ri 


i  I 


22        tJNiTEtJ  STATES  MINING  LAWS  1^'OR  ALASKA. 

case  costs  shall  not  be  allowed  to  either  party,  and  the 
claimant  shall  not  proceed  in  the  land-offlce  or  be  entitled 
to  a  patent  for  the  ground  in  controversy  until  he  shall 
have  perfected  his  title. 

# 

Affidavit  of  Agent. 

AN  ACT  to  amend  section  twenty-three  hundred  and 
twenty-six  of  the  Revised  Statutes,  in  regard  to  min- 
eral lands,  and  for  other  purposes. 
Be  it  enacted  by  the  Senate  and  House  of  Represen- 
tatives of  the  United  States  of  America  in  Congress  as- 
sembled, That  the  edverse  claim  required  by  section  twenty- 
three  hundred  and  twenty-six  of  the  Revised  Statutes  may 
be  verified  by  the  oath  of  any  duly  authorized  agent  or 
attorney-in-fact  of  the  adverse  claimant  cognizant  of  the 
facts  stated;  and  the  adverse  claimant,  if  residing  or  at 
tJie  time  being  beyond  the  limits  of  the  distiiCt  wherein 
tne  claim  is  situated,  may  make  oath  to  the  adverse  claim 
before  the  clerk  of  any  court  of  record  of  the  United 
States  or  the  State  or  Territory  where  the  adverse  claim- 
ant may  then  be,  or  before  any  notary  public  of  such  State 
or  Territory. 

Sec.  2.  That  applicants  for  mineral  patents,  if  resid- 
ing beyond  the  limits  of  the  district  wherein  the  claim  is 
situated,  may  make  any  oath  or  aisadavit  required  for  proof 
of  citizenship  before  the  clerk  of  any  court  of  record,  or 
before  any  notary  public  of  any  State  or  Territory. 
Approved  April  26,  1882.     (22  Stat,  49.) 


LAND-OFFICE  REGULATIONS 

Relating  to  Locations  of  Veins  or  Lodes  After  May  lo,  1872 

From  and  after  the  tenth  of  May,  1872,  any  person  who 
is  a  citizen  of  the  United  States,  or  who  has  declared  his 
intention  to  become  a  citizen,  may  locate,  record,  and  hold 
a  mining  claim  of  fifteen  hundred  linear  feet  along  the 
course  of  any  mineral  vein  or  lode  subject  to  location;  or 
^  ^  an  association  of  persons,  severally  qualified  as  above,  may 
'^   make  Joint  location  of  such  claim  of  fifteen  hundred  feet, 


KA. 


UNITED   STATES   MINING   T-AWS   FOR    ALASKA. 


23 


and  tho 

entitled 

he  shall 


Ired  and 
to  min- 

epresen- 
ress  as- 
twenty- 
Jtes  may 
agent  or 
t  of  the 
ig  or  at 
wherein 
se  claim 
5   United 
je  claim- 
ich  State 

if  resid- 
claim  is 
!or  proof 
icord,  or 


NS 

10,  1872 

on  who 
ired  his 
nd  hold 
)ng  the 
ion;  or 
i^e,  may 
3d  feet, 


but  in  no  eveftt  can  a  location  of  a  vein  or  lode  made  sub- 
sequent to  May  10,  1872,  exceed  fifteen  hundred  feet  along 
the  course  thereof,  whatever  may  be  the  number  of  per- 
sons composing  the  association. 

With  regard  to  the  extent  of  surface-ground  adjoining 
a  vein  or  lode,  and  claimed  for  the  convenient  working 
thereof,  the  Revised  Statutes  provide  that  the  lateral  extent 
of  locations  of  veins  or  lodes  made  after  May  10,  1872,  shall 
in  no  case  exceed  three  hundred  feel;  on  each  side  of  the 
middle  of  the  vein  at  the  surface,  anct  that  no  such  surface 
rights  shall  be  limited  by  any  mining  regulations  to  less 
than  twenty-five  feet  on  each  side  of  the  middle  of  the  vein 
at  the  surface,  except  where  adverse  rights  existing  on  the 
tenth  of  May,  1872,  may  render  such  limitation  necessary; 
the  end-lines  of  such  claims  to  be  in  all  cases  parallel  to 
each  other.  Said  lateral  measurements  cannot  extend  bt^- 
yond  three  hundred  feet  on  either  side  of  the  middle  of  the 
vein  at  the  surface,  or  such  distance  as  is  allowed  by  local 
laws.  For  example:  Four  hundred  feet  cannot  be  taken  on 
one  side  and  two  hundred  feet  on  the  other.  If,  howe\  er, 
three  hundred  feet  on  each  side  are  allowed,  and  by  reason 
of  prior  claims  but  one  hundred  feet  can  be  taken  on  one 
side,  the  locator  will  not  be  restricted  to  less  than  three 
hundred  feet  on  the  other  side;  and  when  the  locator  does 
not  determine  by  exploration  where  the  middle  of  the  ve  n 
at  the  surface  Is,  his  discovery  shaft  must  be  assumed  to 
mark  s'lch  point. 

By  the  foregoing  It  will  be  perceived  that  no  lode  claim 
located  after  the  tenth  of  May,  eighteen  hundred  and 
seventy-two,  can  exceed  a  parallelogram  fifteen  hundred 
feet  in  length  by  six  hundred  feet  In  width,  but  whether 
surface  ground  of  that  width  can  be  taken,  depends  up  in 
the  local  regulations  or  State  or  Territorial  laws  in  force 
in  the  several  mining  districts,  and  that  no  such  local  regu- 
lations or  State  or  Territorial  laws  shall  limit  a  vein  or 
lode  claim  to  less  than  fifteen  hundred  feet  along  the  course 
thereof,  whether  the  location  is  made  by  one  or  more  per- 
sons, nor  can  surface  rights  be  limited  to  les  sthan  fifty 
feet  In  width,  unless  adverse  claims  existing  on  the  tenth 
day  of  May,  eighteen  hundred  and  seventy-two,  render  such 
lateral  limitations  necessary. 

It  is  provided  by  the  Revised  Statutes  that  the  miners 
of  each   district  may   make  rules   and    regulations  not  in 


m 


m  I 


M 


■■■liiniiiiiHiH* 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


conflict  the  laws  of  the  United  States,  or  of  the  State  or 
Territory  in  which  such  districts  are  respectively  situated, 
governing  the  location,  manner  of  recording,  and  amount 
of  work  necessary  to  hold  possession  of  a  claim.  They 
likewise  require  that  the  location  shall  be  so  distinctly 
marked  on  the  ground  that  its  boundaries  may  be  readily 
traced.  This  is  a  very  important  matter,  and  locators 
cannot  exercise  too  much  care  in  detiiiing  their  locations 
at  the  outset,  inasmuch  as  the  law  requires  that  all  records 
of  mining  locations  made  subsequent  to  May  10,  1872,  shall 
contain  the  name  or  names  of  the  locators,  the  date  of  the 
location,  and  such  a  description  of  the  claim  or  claims 
located,  by  reference  to  some  natural  object  or  perma- 
nent monument,  ac  will  identify  the  claim. 

The  statutes  provide  that  no  lode-claim  shall  be  re- 
corded until  after  the  discovery  of  a  vein  or  lode  within 
the  limits  of  the  claim  located,  the  object  of  which  pro- 
vision is  evidently  to  prevent  the  appropriation  of  pre- 
sumed mineral  ground  for  speculative  purposes  to  the  ex- 
clusion of  bona  fiide  prospectors,  before  sufficient  work  has 
been  done  to  determine  whether  a  vein  or  lode  really  exists. 

The  claimant  should,  therefore,  prior  to  locating  his 
claim,  unless  the  vein  can  be  traced  upon  the  surface,  sink 
a  shaft,  or  run  a  tunnel  or  drift,  to  a  sufficient  depth  therein 
to  discover  and  develop  a  mineral-bearing  vein,  lode,  or 
crevice;  should  determine,  if  possible,  the  general  course 
of  such  vein  in  either  direction  from  the  point  of  dis- 
covery, by  whch  direction  he  will  be  governed  in  marking 
the  boundaries  of  his  claim  on  the  surface.  His  location 
notice  should  give  the  course  and  distance  as  nearly  as 
practicable  from  the  discovery-shaft  on  the  claim,  to  some 
permanent,  well-known  points  or  objects,  such,  for  in- 
stance, as  stone  monuments,  blazed  trees,  the  confluence 
of  streams,  points  of  intersection  of  well-known  gulches, 
ravines,  or  roads,  prominent  buttes,  hills,  etc.,  which  may 
be  in  the  immediate  vicinity,  and  which  will  serve  to  per- 
petuate and  fix  the  locus  of  the  claim  and  render  it  sus- 
ceptible of  identification  from  the  description  thereof  given 
in  the  record  of  locations  in  the  district,  and  should  bo 
duly  recorded. 

In  addition  to  the  foregoing  data,  the  claimant  should 
state  the  names  of  adjoining  claims,  or,  if  none  adjoin, 
the  relative  positions  of  the  nearest  claims;   should  drive 


r 


KA. 


UNITED  STA1:ES  MINING  LaWS  Fok  ALASKA. 


2^ 


State  or 

situated, 

amount 

1.     They 

listinctly 

I  readily 

locators 

ocations 

1  records 

!72,  shall 

te  of  the 

claims 

perma- 

1  be  re- 
B  within 
ich  pro- 
of pre- 
the  ex- 
i^ork  has 
y  exists, 
ting  his 
ace,  sink 
1  therein 
lode,  or 
1  course 
of  dis- 
marking 
location 
early  as 
to  some 
for    in- 
nfluence 
gulches, 
ich  may 
to  per- 

It    SU3- 

3f  given 
ould  be 

should 

adjoin, 

d  drive 


a  post  or  erect  a  monument  of  stones  at  each  corner  of  his 
surface-ground,  and  at  the  point  of  discovery  or  discovery 
shaft  should  fix  a  post,  stake,  or  board,  upon  which  should 
be  designated  the  name  of  the  lode,  the  name  or  names  of 
the  locators,  the  number  of  feet  claimed,  and  in  which 
direction  from  the  point  of  discovery;  it  being  essential 
that  the  location  notice  filed  for  record,  in  addition  to  the 
foregoing  description  should  state  whether  the  entire 
claim  of  fifteen  hundred  feet  is  taken  on  one  side  of  the 
point  of  discovery,  or  whether  it  is  partly  upon  one  and 
partly  upon  the  other  side  thereof,  and  in  the  latter  case, 
how  many  feet  are  claimed  upon  each  side  of  the  discovery- 
point. 

Within  a  reasonable  time,  say  twenty  days,  after  the 
location  shall  have  been  marked  on  the  ground,  or  such 
time  as  is  allowed  by  the  local  laws,  notice  thereof,  accu- 
rately describing  the  claim  in  manner  aforesaid,  should  be 
filed  for  record  with  the  proper  recorder  of  the  district, 
who  will  thereupon  issue  the  usual  certificate  of  location. 

In  order  to  hold  the  possessory  right  to  a  location  macie 
since  May  10,  1872,  not  less  than  one  hundred  dollars'  worth 
of  labc*  must  be  performed,  or  improvements  made  there- 
on, annually  until  entry  shall  have  been  made.  Under  the 
provisions  of  the  act  of  Congress  approved  January  22, 
1880,  the  first  annual  expenditure  becomes  due  and  must 
be  performed  during  the  calendar  year  succeeding  that  in 
which  the  location  was  made.  Expenditure  made  or  labor 
performed  prior  to  the  first  day  of  January  succeeding  the 
date  of  location  will  not  be  considered  as  a  part  of,  or  ap- 
plied upon  the  first  annual  expenditure  required  by  law. 
Failure  to  make  the  expenditure  or  perform  the  labor  re- 
quired will  subject  the  claim  to  relocation  by  any  other 
party  having  the  necessary  qualifications,  unless  the  orig- 
inal locator,  his  heirs,  assigns,  or  legal  representatives 
have  resumed  work  thereon  after  such  failure  and  before 
such  relocation. 

The  expenditures  required  upon  mining-claims  may 
be  made  from  the  surface  or  in  running  a  tunnel  for  the 
development  of  such  ^.laims,  the  act  of  February  11,  1875, 
prdviding  that  where  a  person  or  company  has,  or  may, 
run  a  tunnel  for  the  purpose  of  developing  a  lode  or  lodes 
owned  by  said  person  or  company,  the  money  so  expended 
in  said  tunnel  shr!!  be  taken  and  considered  as  expended 


It 


fx 


m 


26 


UNITED   STATES   MINING   LAWS   FOR   ALASKA. 


il 


on  said  lode  or  lodes,  and  such  person  or  company  shall 
not  be  required  to  perform  work  on  the  surface  of  said  lode 
or  lodes  in  order  to  hold  the  same. 

The  importance  of  attending  to  these  details  in  the 
matter  of  location,  labor,  and  expenditure  will  be  the  more 
readily  perceived  when  it  is  understood  that  a  failure  to 
give  the  subject  proper  attention  may  invalidate  the  claim. 

Tunnel  Rights. 

Section  2323  provides  that  where  a  tunnel  is  run  for 
the  development  of  a  vein  or  lode,  or  for  the  discovery  of 
mines,  the  owners  of  such  tunnel  shall  have  the  right  of 
possession  of  all  veins  or  lodes  within  three  thousand  feet 
from  the  face  of  such  tunnel  on  the  line  thereof,  not  pre- 
viously known  to  exist,  discovered  in  such  tunnel,  to  the 
same  extent  as  if  discovered  from  the  surface;  and  loca- 
tions on  the  line  of  such  tunnel  of  veins  or  lodes  not  ap- 
pearing on  the  surface,  made  by  other  parties  after  the 
commencement  of  the  tunnel,  and  while  the  same  is  being 
prosecuted  with  reasonable  diligence,  shall  be  invalid;  but 
failure  to  prosecute  the  work  on  the  tunnel  for  six  months 
shall  be  considered  as  an  abandonment  of  the  right  to  all 
undiscovered  veins  or  lodes  on  the  line  of  said  tunnel. 

The  effect  of  this  is  simply  to  give  the  proprietors  of 
a  mining  tunnel  run  in  good  faith  the  possessory  rigiit  to 
fifteen  hundred  feet  of  any  blind  lodes  cut,  discovered,  or 
intersected  by  such  tunnel,  which  were  not  previously 
known  to  exist,  within  three  thousand  feet  from  the  face 
or  point  of  commencement  of  such  tunnel,  and  to  prohibit 
other  parties,  after  the  commencement  of  the  tunnel,  from 
prospecting  for  and  making  locations  of  lodes  on  the  line 
thereof  and  within  said  distance  of  three  thousand  feet, 
unless  such  lodes  appear  upon  the  surface  or  were  pre- 
viously known  to  exist. 

The  term  "face,"  as  used  in  said  section,  is  construced 
and  held  to  mean  the  first  working-face  formed  ir  the 
tunnel,  and  to  signify  the  point  at  which  the  tunnel  actu- 
ally enters  cover;  it  being  from  this  point  that  the  three 
thousand  feet  are  to  be  counted,  upon  which  prospecting 
is  prohibited  as  aforesaid. 

To  avail  themselves  of  the  benefits  of  this  provision 
of  law,  the  proprietors  of  a  mining  tunnel  will  be  required, 


KA. 


UNITED  STATES  MINIIfG  LAWS  FOR  ALASKA. 


27 


my  shall 
said  lode 

3  in  the 
the  more 
allure  lo 
he  claim. 


run  for 
overy  of 
right  of 
sand  feet 
not  pre- 
1,  to  the 
nd  loca- 
not  ap- 
ifter  the 
is  being 
alid;   but 
:  months 
:ht  to  all 
nnel. 
ietors  of 
rigot  to 
/ered,  or 
'eviously 
the  face 
prohibit 
lel,  from 
the  line 
nd   feet, 
ere  pre- 

mstrued 
ir  the 
el  actu- 
le  three 
speeting 

rovislon 
equlred, 


at  the  time  they  enter  cover  as  aforesaid,  to  give  proper 
notice  of  their  tunnel  location  by  erecting  a  substantial 
post,  board,  or  monument  at  the  face  or  point  of  com- 
mencement thereof,  upon  which  should  be  posted  a  good 
and  sufficient  notice,  giving  the  names  of  the  parties  or 
company  claiming  the  tunnel-right;  the  actual  or  proposed 
course  or  direction  of  the  tunnel,  the  height  and  width 
thereof,  and  the  course  and  distance  from  such  face  or 
point  of  commencement  to  some  permanent  well-known 
objects  in  the  vicinity  by  which, to  fix  and  determine  the 
locus  in  manner  heretofore  set  forth  applicable  to  loca- 
tions of  veins  or  lodes,  and  at  the  time  of  posting  such 
notice  they  shall,  in  order  that  miners  or  prospectors  may 
be  enabled  to  determine  whether  or  not  they  are  within  the 
lines  of  the  tunnel,  establish  the  boundary  lines  thereof, 
by  stakes  or  monuments  placed  along  such  lines  at  proper 
intervals,  to  the  terminus  of  the  three  thousand  feet  from 
the  face  or  point  of  commencement  of  the  tunnel,  and 
the  lines  so  marked  will  define  and  govern  as  to  the  spe- 
cific boundaries  within  which  prospecting  for  lodes  not 
previously  known  to  exist  is  prohibited  while  work  on  the 
tunnel  is  being  prosecuted  with  reasonable  diligence. 

At  the  time  of  posting  notice  and  making  out  the  lines 
of  the  tunnel  as  aforesaid,  a  full  and  correct  copy  of  such 
notice  of  location  defining  the  tunnel  claim  must  be  filed 
for  record  with  the  mining  recorder  of  the  district,  to 
which  notice  must  be  attached  the  sworn  statement  or 
declaration  of  the  owners,  claimants,  or  projectors  of  such 
tunnel,  setting  forth  the  facts  in  the  case;  stating  the 
amount  expended  by  themselves  and  their  predecessors  in 
interest  in  prosecuting  work  thereon;  the  extent  of  the 
work  performed,  and  that  it  is  bona  fide  their  intention 
to  prosecute  work  on  the  tunnel  so  located  and  described 
with  reasonable  diligence  for  the  development  of  a  vein 
or  lode,  or  fur  the  discovery  of  mines,  or  both,  as  the  case 
may  be.  This  notice  of  location  must  be  duly  recorded, 
and,  with  the  said  sworn  statement  attached,  kept  on  the 
recorder's  files  for  future  reference. 

By  a  compliance  with  the  foregoing  much  needless  dif- 
ficulty will  be  avoided,  and  the  way  for  the  adjustment  of 
legal  rights  acquired  in  virtue  of  said  section  2323  will  be 
made  n:  ach  more  easy  and  certain. 

This  office  will  take  particular  care  that  no  improper 


m 

L  i'  '^  i 


J '  •  '.ft 


ffifa 


m 


:ll! 


•:li 


28        UNITED  STATES  MINING  LAWS  FOR  ALASKA. 

advantage  is  taken  of  this  provision  of  law  by  parties 
mailing  or  professing  to  make  tunnel  locations,  ostensibly 
for  the  purposes  named  in  the  statute,  but  really  for  the 
purpose  of  monopolizing  the  lands  lying  in  front  of  their 
tunnels  to  the  detriment  of  the  mining  interests  and  to  the 
exclusion  of  bona  fide  prospectors  or  miners,  but  will  hold 
such  tunnel  claimants  to  a  strict  compliance  with  the  terms 
of  the  statutes;  and  a  reasonable  diligence  on  their  part 
in  prosecuting  the  work  is  one  of  the  essential  conditions 
of  their  implied  contract.  Negligence  or  want  of  due  dili- 
gence will  be  construed  as  working  a  forfeiture  of  the  right 
to  all  undiscovered  veins  on  the  line  of  such  tunnel. 


iiiliii 

'■"  ■   .r 

I'M 


Manner  of  Proceeding  to  Obtain  Government 
Title  to  Vein  or  Lode  Claims. 

27.  By  section  2325  authority  is  given  for  granting 
titles  for  mines  by  patent  from  the  Government  to  any 
person,  association,  or  corporation  having  the  necessary 
qualifications  as  to  citizenship  and  holding  the  right  of 
possession  to  a  claim  in  compliance  with  law. 

28.  The  claimant  is  required  in  the  first  place  to  have 
a  correct  survey  of  his  claim  made  under  authority  of  the 
surveyor-general  of  the  State  or  Territory  in  which  the 
claim  lies;  such  survey  to  show  with  accuracy  the  exterior 
surface  boundaries  of  the  claim,  which  boundaries  are  re- 
quired to  be  distinctly  marked  by  monuments  on  the 
ground.  Four  plats  and  one  copy  of  the  original  field  notes, 
in  each  case,  will  be  prepared  by  the  surveyor-general;  one 
plat  and  the  original  field  notes  to  be  retained  in  the  office 
of  the  surveyor-general,  one  copy  of  the  plat  to  be  given  the 
claimant  for  posting  upon  the  claim,  one  plat  and  a  copy  of 
the  field  notes  to  be  given  the  claimant  for  filing  with  the 
proper  register,  to  be  finally  transmitted  by  that  oflQcer, 
with  other  papers  in  the  case,  to  this  office,  and  one  plat 
to  be  sent  by  the  surveyor-general  to  the  register  of  the 
proper  land  district  to  be  retained  on  his  files  for  future 
reference.  As  there  is  no  resident  surveyor-general  for  the 
State  of  Arkansas,  applications  for  the  survey  of  mineral 
claims  in  said  State  should  be  made  to  the  Commissioner 
of  this  office,  who,  under  the  law,  is  ex  officio  the  U.  S. 
surveyor-general. 


.SKA. 

)y  parties 
ostensibly 
ly  for  the 
t  of  their 
md  to  the 

will  hold 

the  terms 

their  part 

conditions 

:  due  dili- 

the  right 
lel. 


nment 


granting 

it  to  any 

necessary 

right  of 

;e  to  have 
ity  of  the 
ivhich  the 
e  exterior 
es  are  re- 
on  the 
eld  notes, 
aeral;  one 

the  office 
given  the 
a  copy  of 

with  the 
It  officer, 

one  plat 
er  of  the 
or  future 
il  for  the 
'.  mineral 
missioner 
he  U.  S. 


UNITB3D  STATES  MINING  LAWS  FOR  ALASKA. 


ae 


^ 


29.  The  claimant  is  then  required  to  post  a  copy  of  the 
plat  of  such  survey  in  a  conspicuous  place  upon  the  claim, 
together  with  notice  of  his  intention  to  apply  for  a  patent 
therefor,  which  notice  will  give  the  date  of  posting,  the 
name  of  the  claimant,  the  name  of  the  claim,  mine,  or  lode; 
the  mining  district  and  county;  whether  the  location  is  of 
record,  and,  if  so,  where  the  record  may  be  found;  the  num- 
ber of  feet  claimed  along  the  vein  and  the  presumed  direc- 
tion thereof;  the  number  of  feet  claimed  on  the  lode  in 
each  direction  from  the  point  of  discovery,  or  other  well- 
defined  place  on  the  claim;  the  name  or  names  of  adjoining 
claimants  on  the  same  or  other  lodes;  or,  if  none  adjoin, 
the  names  of  the  nearest  claims,  etc. 

30.  After  posting  the  said  plat  and  notice  upon  the 
premises,  the  claimant  will  file  with  the  proper  register  and 
receiver  a  copy  of  such  plat  and  the  filed  notes  of  survey 
of  the  claim  accompanied  by  the  affidavit  of  at  least  two 
credible  witnesses,  that  such  plat  and  notice  are  posted  con- 
spicuously upon  the  claim,  giving  the  date  and  place  of 
such  posting;  a  copy  of  the  notice  so  posted  to  be  attached 
to,  and  form  a  part  of,  said  affidavit. 

31.  Attached  to  the  field  notes  so  filed  must  be  the 
sworn  statement  of  the  claimant  that  he  has  the  possessory 
right  to  the  premises  therein  described,  in  virtue  of  a  com- 
pliance by  himself  (and  by  his  grantors,  if  he  claims  by 
purchase)  with  the  mining  rules,  regulations  and  customs 
of  the  mining  district.  State,  or  Territory  in  which  ihe 
claim  lies,  and  with  the  mining  laws  of  Congress;  such 
sworn  statement  to  narrate  briefly,  but  as  clearly  as  pos- 
sible, the  facts  constituting  such  compliance,  the  origin  of 
his  possession,  and  the  basis  of  his  claim  to  a  patent. 

32.  This  affidavit  should  be  supported  by  appropriate 
evidence  from  the  mining  recorder's  office  as  to  his  posses- 
sory right,  as  follows,  viz:  Where  he  claims  to  be  a  loca- 
tor, a  full,  true,  and  correct  copy  of  sucn  location  should 
be  furnished,  as  the  same  appears  upon  the  mining  records; 
such  copy  to  be  attested  by  the  seal  of  the  recorder,  or  il 
he  has  no  seal,  then  he  should  make  oath  to  the  same  being 
correct,  as  shown  by  his  records;  where  the  applicant 
claims  as  a  locator  in  company  with  others  who  have  since 
conveyed  their  interests  in  the  lode  to  him,  a  copy  of  the 
original  record  of  location  should  be  filed,  together  with 
an  abstract  of  title  from  the  proper  recorder,  under  seal 


MM 

III 


1  i 


f 


Ml 

^  -iM  1 

■■■*<'.'■ 


30 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


or  oath  as  aforesaid,  tracing  the  co-locator's  possessory 
rights  in  the  claim  to  such  applicant  for  patent;  where  the 
applicant  claims  only  as  a  purchaser  for  valuable  consid- 
eration, a  copy  of  the  location  record  must  be  filed  under 
seal  or  upon  oath  as  aforesaid,  with  an  abstract  of  title 
certified  as  above  by  the  proper  recorder,  tracing  the  right 
of  possession  by  a  continuous  chain  of  conveyances  from 
the  original* locators  to  the  applicant,  also  certifying  that 
no  conveyance  affecting  the  title  to  the  claim  in  question 
appear  of  record  in  his  ofl[ice  other  than  those  set  forth  in 
the  accompanying  abstract. 

33.  In  the  event  of  the  mining  records  in  any  case  hav- 
ing been  destroyed  by  fire  or  otherwise  lost,  affidavit  of  the 
fact  should  be  made,  and  secondary  evidence  of  possessory 
title  will  be  received,  which  may  consist  of  the  affidavit 
of  the  claimant,  supported  by  those  of  any  other  parties 
cognizant  of  the  facts  relative  to  his  location,  occupancy, 
possession,  improvements,  etc.;  and  in  such  case  of  lost 
records,  any  deeds,  certificates  of  location  or  purchase,  or 
other  evidence  which  may  be  in  the  claimant's  possession, 
and  tend  to  establish  his  claim,  should  be  filed. 

34.  Upon  the  receipt  of  these  papers  the  register  will, 
at  the  expense  of  the  claimant  (who  must  furnish  the  agree- 
ment of  the  publisher  to  hold  applicant  for  patent  alone 
responsible  for  charges  of  publication),  publish  a  notice  of 
such  application  for  the  period  of  sixty  days,  in  a  news- 
paper published  nearest  to  the  claim,  and  will  post  a  copy 
of  such  notice  in  his  office  for  the  same  period.  In  all 
cases  sixty  days  must  intervene  between  the  first  and  the 
last  insertion  of  the  notice  in  such  newspaper.  When  the 
notice  is  published  in  a  weekly  newspaper  ten  consecu- 
tive insertions  are  necessary;  when  in  a  daily  newspaper 
the  notice  must  appear  in  each  issue  for  the  required 
period. 

35.  The  notices  so  published  and  posted  must  be  as 
full  and  complete  as  possible,  and  embrace  all  the  daia 
given  in  the  notice  posted  upon  the  claim. 

36.  Too  much  care  cannot  be  exercised  in  the  prep- 
aration of  these  notices,  inasmuch  as  upon  their  accuracy 
and  completeness  will  depend,  in  a  great  measure,  the  reg- 
ularity and  validity  of  the  whole  proceeding. 

37.  In  the  publication  of  final-proof  notices  the  reg- 
ister has  no  discretion  under  the  law  to  designate  any 


iASKA. 


UNITED   STATES  MINING  LAWS   FOR  ALASKA. 


'il 


possessory 

where  the 

able  consid- 

filed  under 

act  of  title 

ig  the  right 

^^ances  from 

tifying  that 

in  question 

set  forth  in 

ly  case  hav- 
davit  of  the 

possessory 
;he  affidavit 
ther  parties 

occupancy, 
3ase  of  lo3t 
purchase,  or 

possession, 

egister  will, 
h  the  agree- 
»atent  alone 
a  notice  of 
in  a  news- 
post  a  copy 
iod.  In  all 
rst  and  the 

When  the 
Jn   consecu-  . 

newspaper 
^e    required 

nust  be  as 
11   the  data 

i  the  prep- 
ir  accuracy 
re,  the  reg- 
is the  reg- 
iguate  any 


other  than  the  newspaper  "nearest  the  land"  for  such  pur- 
pose when  such  paper  is  a  newspaper  of  general  circulation. 
But  he  will  in  all  cases  designate  the  newspaper  of  general 
circulation  that  is  published  nearest  the  land,  geograph- 
ically measured.  When  two  or  more  such  newspapers  are 
published  in  the  same  town,  nearest  the  land,  he  may  select 
the  one  which,  in  his  honest  and  impartial  judgment  as  a 
public  officer,  will  best  subserve  the  purpose  of  the  law 
and  the  general  interests  of  the  public. 

38.  Newspaper  charges  must  not  exceed  the  rates  es- 
tablished by  this  office  for  the  publication  of  legal  notices. 

39.  The  claimant,  either  at  the  time  of  filing  these 
papers  with  the  register  or  at  any  time  during  the  sixty 
days'  publication,  is  required  to  file  a  certificate  of  the 
surveyoi'-general  that  not  less  than  five  hundred  dollars' 
worth  of  labor  has  been  expended  or  improvements  made 
upon  the  claim  by  the  applicant  or  his  grantors;  that  the 
plat  filed  by  the  claimant  is  correct;  that  the  field-notes  of 
the  survey,  as  filed,  furnish  such  an  accurate  description 
of  the  claim  as  will,  if  incorporated  into  a  patent,  serve 
to  fully  identify  the  premises,  and  that  such  reference  is 
made  therein  to  natural  objects  or  permanent  monuments 
as  will  perpetuate  and  fix  the  locus  thereof. 

40.  It  will  be  the  more  convenient  way  to  have  this 
certificate  indorsed  by  the  surveyor-general,  both  upon  the 
plat  and  field-notes  of  survey  filed  by  the  claimant  as  afore- 
said. 

41.  After  the  sixty  days'  period  of  newspaper  publica- 
tion has  expired  the  claimant  will  furnish  from  the  office  of 
publication  a  sworn  statement  that  the  notice  was  published 
for  the  statutory  period,  giving  the  first  and  last  day  of  such 
publication,  and  his  own  affidavit  showing  that  the  plat  and 
notice  aforesaid  remained  conspicuously  posted  upon  the 
claim  sought  to  be  patented  during  said  sixty  days'  publica- 
tion, giving  the  dates. 

42.  Upon  the  filing  of  this  affidavit  the  register  will,  if 
no  adverse  claim  was  filed  in  his  office  during  the  period  of 
publication,  permit  the  claimant  to  pay  for  the  land  accord- 
ing to  the  area  given  in  the  plat  and  field  notes  of  survey 
aforesaid,  at  the  rate  of  five  dollars  for  each  acre  and  five 
dollars  for  each  fractional  part  of  an  acre,  the  receiver  Is- 
suing the  usual  duplicate  receipt  therefor.  The  claimant 
will  also  make  a  sworn  statement  of  all  charges  and  fees 


v% 


32 


United  states  mining  laws  for  alaska. 


■■ii 


iiiii:.:i: 


:m 


% 


[  -ti 


paid  by  him  for  publication  and  surveys,  together  with  all 
fees  and  money  paid  the  register  and  receiver  of  the  land 
oflace;  after  which  the  whole  matter  will  be  forwarded  to 
the  Commissioner  of  the  General  Kand  Office  and  a  patent 
issued  thereon  if  found  regular. 

43.  In  sending  up  the  papers  in  the  case  the  register  must 
not  omit  certifying  to  the  fact  that  the  notice  was  posted  in 
his  office  for  the  full  period  of  sixty  days,  such  certificate  to 
state  distinctly  when  such  posting  was  done  and  how  long 
continued. 

44.  The  consecutive  series  of  numbers  of  mineral  entries 
must  be  continued,  whether  the  same  are  of  lode  or  placei- 
claims  or  mill  sites. 

45.  The  surveyors-general  should  designate  all  surveyed 
mineral  claims  by  a  progressive  series  of  numbers,  beginning 
with  survey  No.  37,  irrespective  as  to  whether  they  ai:e  situ- 
ated on  surveyed  or  unsurveyed  lands  the  claim  to  be  so  desig- 
nated at  date  of  issuing  the  order  therefor,  in  addition  to  the 
local  designation  of  the  claim.  It  being  required  in  all  cases 
that  the  plat  and  field-notes  of  the  survey  of  a  claim  must,  in 
addition  to  the  reference  to  permanen*^  objects  in  the  neigh- 
borhood, describe  the  locus  of  the  claim,  with  reference  to  the 
lines  of  public  surveys,  by  a  line  connecting  a  corner  of  the 
claim  with  the  nearest  public  corner  of  the  United  States  sur- 
veys, unless  such  claim  be  on  unsurveyed  lands  at  a  distance 
of  more  than  two  miles  from  such  public  corner,  in  which 
latter  case  it  should  be  connected  with  a  United  States  mineral 
monument.  Such  connecting  line  must  not  be  more  than  two 
miles  in  length,  and  should  be  measured  on  the  ground  direct 
between  the  points,  or  calculated  from  actually  surveyed 
traverse  lines  if  the  nature  of  the  country  should  not  permit 
direct  measurement.  If  a  regularly  established  survey  corner 
is  within  two  miles  of  a  claim  situated  on  unsurveyed  lands, 
the  connection  should  be  made  with  such  corner  in  preference 
to  a  connection  with  a  United  States  mineral  monument. 
The  connecting  line  must  be  surveyed  by  the  deputy  mineral 
surveyor  at  the  time  of  his  making  the  particular  survey,  and 
be  made  a  part  thereof. 

46.  Upon  the  approval  of  the  survey  of  a  mining  claim 
made  upon  surveyed  lands,  the  surveyor-general  will  prepare 
and  transmit  to  the  local  land  office  and  to  this  office  a  dia- 
gram tracing,  showing  the  portions  of  legal  40-acre  subdivis- 
ions made  fractional  by  reason  of  the  mineral  survey,  desig- 
nating each  of  such  portions  by  the  proper  lot  number,  be- 


SKA.    . 

With  all 
:  the  land 
w^arded  to 
I  a  patent 

ister  must 
posted  in 

tiflcate  to 
how  long 

'al  entries 
or  placer 

surveyed 
beginning 

ai;e  situ- 
3  so  desig- 
lon  to  the 
all  cases 
ki  must,  in 
:he  neigh- 
nce  to  the 
ner  of  the 
Itates  sur- 
a  distance 

in  which 
3s  mineral 

than  two 
md  direct 

surveyed 
ot  permit 
ey  corner 
^ed  lands, 
'reference 
onument. 
7  mineral 
rvey,  and 

ing  claim 
1  prepare 
ce  a  dla- 
subdiviff- 
jy,  deslg- 
nber,  be- 


UNITED  STATES  MINING  LAWS  FOR  ALASKA.        33 

ginning  with  No.  1  in  each  section  and  giving  the  area  of  each 

lot-  .    .  ^ 

47.  The  survey  and  plat  of  mineral  claims,  required  by 

section  2325,  Revised  Statutes  of  the  United  States,  to  be  filed 
in  the  proper  land  office,  with  application  for  patent,  must  be 
made  subsequent  to  the  recording  of  the  location  of  the  mine; 
and  when  the  original  location  is  made  by  survey  of  a  United 
H  States  deputy  surveyor  such  location  survey  can  not  be  sub- 
stituted for  that  required  by  the  statute,  as  above  indicated. 

48.  The  surveyor-general  should  derive  his  information 
upon  which  to  base  his  certificate  as  to  the  value  of  labor  ex- 
pended or  improvements  made  from  his  deputy  who  makes 
the  actual  survey  and  examination  upon  the  premises,  and 
such  deputy  should  sjpecify  with  particularity  and  full  detail 
the  character  and  extent  of  such  improvements. 

49.  The  following  particulars  should  be  observed  in  the 
survey  of  every  mining  claim: 

(1)  The  exterior  boundaries  of  the  claim  should  be  rep- 
resented on  the  plat  of  survey  and  in  the  field  notes. 

(2)  The  intersection  of  the  lines  of  the  survey  with  the 
lines  of  conflicting  prior  surveys  should  be  noted  in  the  field 
notes  and  represented  upon  the  plat. 

(3)  Conflicts  with  unsurveyed  claims,  where  the  appli- 
cant for  survey  does  not  claim  the  area  in  conflict,  should  be 
shown  by  actual  survey. 

(4)  Tlie  total  area  of  the  claim  embraced  by  the  exterior 
boundaries  should  be  stated,  and  also  the  area  in  conflict  with 
each  intersecting  survey,  substantially  as  follows: 

Acres. 

Total  area  of  claim 10.50 

Area  in  conflict  with  survey  No.  302 1.56 

Area  in  confl  ct  with  survey  No.  948 2.33 

Area  in  conflict  with  Mountain  Maid  lode  mining  claim,  un- 
surveyed   1.48 

It  does  not  follow  that  because  mining  surveys  are  re- 
quired to  exhibit  all  conflicts  with  prior  surveys  the  areas  of 
conflict  are  to  be  excluded.  The  field  notes  and  plat  are  made 
a  part  of  the  application  for  patent,  and  care  should  be  taken 
that  the  description  does  not  inadvertently  exclude  portions 
intended  to  be  retained.  It  is  better  that  the  application  for 
patent  should  state  the  portions  to  be  excluded  In  express 
terms. 

A  survey  executed  as  in  the  example  given  will  enable  the 
applicant  for  patent  to  exclude  such  conflicts  as  may  seem  de- 
siiable.    For  instance,  the  conflict  with  survey  No.  302  and 

M  L2 


4h 


ifgri'.. 


m 

|il 

I'm 


m 


'W\ 


34 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


with  Mountain  Maid  lode  claim  might  be  excluded  and  that 
with  survey  No.  948  included. 

50.  The  rights  granted  to  locators  under  section  2322, 
Revised  Statutes,  are  restricted  to  such  locations  on  veins, 
lodes,  or  ledges  as  may  be  "situated  on  the  Public  domain." 
In  applications  for  lode  claims  where  the  survey  conflicts  with 
a  prior  valid  lode  claim  or  entry  and  the  ground  in  conflict  is 
excluded,  the  applicant  not  only  nas  no  right  to  the  excluded 
ground,  but  he  has  no  right  to  that  portion  of  any  vein  or  lode 
the  top  or  apex  of  which  lies  within  such  excluded  ground, 
unless  his  location  was  prior  to  May  10,  1872.  His  right  to 
the  lode  claimed  terminates  where  the  lode,  in  its  onward 
course  or  strike,  intersects  the  exterior  boundary  of  such  ex- 
cluded ground  and  passes  within  it. 

51.  The  end  line  of  his  survey  should  not,  therefore,  be 
established  beyond  such  intersection,  unless  it  should  be 
necessary  so  to  do  for  the  purpose  of  including  ground  held 
and  claimed  under  a  location  which  was  made  upon  public 
land  and  valid  at  the  time  it  was  made.  To  include  such 
ground  (which  may  possibly  embrace  other  lodes)  the  end 
line  of  the  survey  may  be  established  within  the  conflicting 
survey,  but  the  line  must  be  so  run  as  not  to  extend  any 
farther  into  the  conflicting  survey  than  may  be  necessary  to 
make  such  end  line  parallel  to  the  other  end  line  and  at  the 
same  time  embrace  the  ground  so  held  and  claimed.  The  use- 
less practice  in  such  cases  of  extending  both  the  side  lines 
of  a  survey  into  the  conflicting  survey  and  establishing  an  end 
line  wholly  within  it,  beyond  a  point  necessary  under  the 
rule  just  stated,  will  be  discontinued. 


PLACER  CLAIMS 


52.  The  proceedings  to  obtain  patents  for  claims  usually 
called  placers,  including  all  forms  of  deposit,  excepting  veins 
of  quartz  or  other  rock  in  place,  are  similar  to  the  proceed- 
ings prescribed  for  obtaining  patents  for  vein  or  lode  claims; 
but  where  said  placer  claim  shall  be  upon  surveyed  lands,  and 
conform  to  legal  subdivisions,  no  further  Survey  or  plat  will 
be  required,  and  all  placer  mining  claims  located  after  May 


ASKA. 

idi  and  that 

jction  2322, 
s  on  veins, 
ic  domain." 
inflicts  with 
n  conflict  is 
lie  excluded 
vein  or  lode 
ed  ground, 
lis  right  to 
its  onward 
of  such  ex- 

lerefore,  be 
,  should  be 
jround  held 
ipon  public 
iclude  such 
3s)  the  end 

conflicting 
extend  any 
lecessary  to 

and  at  the 
1.  The  use- 
B  side  lines 
tiing  an  end 

under  the 


UNITED  STATES  MINING   LAWS  FOR  ALASKA. 


25 


Ims  usually 
pting  veins 
he  proceed- 
ode  claims; 
I  lands,  and 
3r  plat  will 
1  after  May 


10,  1872,  shall  conform  as  nearly  as  practicable  with  the 
United  States  system  of  public  land  surveys  and  the  rectangu- 
lar subdivisions  of  such  surveys,  and  no  such  location  shall 
include  more  than  twenty  acres  for  each  individual  claimant; 
but  where  placer  claims  cannot  be  conformed  to  legal  sub- 
divisions, survey  and  plat  shall  be  made  as  on  unsurveyed 
lands.  But  where  such  claims  are  located  previous  to  the 
public  surveys,  and  do  not  conform  to  legal  subdivisions,  sur- 
vey, plat,  and  entry  thereof  may  be  made  according  to  the 
boundaries  thereof,  provided  the  location  is  in  all  respects 
legal. 

53.  The  proceedings  for  obtaining:  patents  for  veins  or 
lodes  having  already  been  fully  given,  it  will  not  be  necessary 
to  repeat  them  here,  it  being  thought  that  careful  attention 
thereto  by  applicants  and  the  local  oflUcers  will  enable  them 
lo  act  understandingly  in  the  matter  and  make  such  slight 
modificr.tions  in  the  notice,  or  otherwise,  as  may  be  necessary 
in  view  of  the  different  nature  of  the  two  classes  of  claims, 
placer  claims  being  fixed,  however,  at  two  dollars  and  fifty 
cents  per  acre,  or  fractional  part  of  an  acre. 

54.  By  section  2330,  authority  is  given  for  the  subdivia- 
ion  of  forty-acre  legal  subdivisions  into  ten-acre  lots,  which 
is  Intended  for  the  greater  convenience  of  miners  in  segre- 
gating their  claims  both  from  one  another  and  from  Inter- 
vening agricultural  lands. 

55.  It  is  held,  therefore,  that  under  a  proper  construction 
of  the  law  these  ten-acre  lots  in  mining  districts  should  be 
considered  and  dealt  with,  to  all  intents  and  purposes,  as 
legal  subdivisions,  and  that  an  applicant  having  a  legal  claim 
which  conforms  to  one  or  more  of  these  ten-acre  lots,  either 
adjoining  or  cornering,  may  make  entry  thereof,  after  the 
usual  proceedings,  without  further  survey  or  plat. 

56.  In  cases  of  this  kind,  however,  the  notice  given  of 
the  application  must  be  very  specific  and  accurate  in  de- 
scription, and  as  the  forty-acre  tracts  may  be  subdivided  into 
ten-acre  lots,  either  in  the  form  of  squares  of  ten  by  ten 
chains,  or  if  parallelograms  five  by  twenty  chains,  so  long  as 
the  lines  are  parallel  and  at  right  angles  with  the  lines  of  the 
public  surveys,  it  will  be  necessary  that  the  notice  and  appli- 
cation state  specifically  what  ten-acre  lots  are  sought  to  be 
patented,  In  addition  to  the  other  data  required  in  the  notice. 

57.  Where  the  ten-acre  subdivision  is  in  the  form  of  a 
square.  It  may  be  described,  for  instance,  as  the  "SE^  of  the 
SW^^  of  the  NWi/4,"  or,  if  in  the  form  of  a  parallelogram  as 


-'■T   "1 

m 


i 


i 


?.\*«5l 


.▼-  Jfc 


t  — 


!■  ' 


36 


UNITED  STATES  MINING    LAWS   FOR  ALASKA. 


...  •  '"il. 
I'  ■S.'Xi 


''J 
■',-4 

ill 


J 


ill! 

lii 


aforesaid,  it  may  be  described  as  the  "W%  of  the  W^^  of  the 
SWi/4  of  the  NWV4.  (or  the  NVa  of  the  SV^  of  the  NE^^  of  the 


SEVi)  of  section 


-,  township 


range 


as  the  case 


may  be;  but,  in  addition  to  this  description  of  the  land,  the 
notice  must  give  all  the  other  data  that  is  required  in  a  min- 
eral application,  by  which  parties  may  be  put  on  inquiry  as 
to  the  premises  sought  to  be  patented.  The  proofs  submitted 
with  applications  for  claims  of  this  kind  must  show  clearly 
the  character  and  the  extent  of  the  Improvements  upon  the 
premises. 

Inasmuch  as  the  surveyor-general  has  no  duty  to  perform 
in  connection  with  the  entry  of  a  placer  claim  of  legal  sub- 
divisions, the  proof  of  improvemnts  must  show  their  value 
to  be  not  less  than  five  hundred  dollars,  and  that  thpy  were 
made  by  the  applicant  for  patent  or  his  grantors.  The  an- 
nual expenditure  to  the  amount  of  $100,  required  by  section 
2324,  Revised  Statutes,  must  be  made  upon  placer  claims  as 
well  as  lode  claims. 

58.  Applicants  for  patent  to  a  placer  claim,  who  are  also 
in  possession  of  a  known  vein  or  lode  included  therein,  must 
state  in  their  application  that  the  placer  includes  such  vein  or 
lode.  The  published  a  ad  posted  notices  must  also  include 
such  statement.  If  'veiriiS  or  lodes  lying  within  a  placer  lo- 
cation are  owned  by  "tAer  parties,  the  fact  should  be  dis- 
tinctly stated  in  the  i^  replication  for  patent,  and  in  all  the 
notices.  But  in  all  cases  whether  the  lode  is  claimed  or  ex- 
cluded, it  must  be  surveyed  and  marked  upon  the  plat;  the 
field  notes  and  plat  giving  the  area  of  the  lode  claim  or 
claims  and  the  area  of  the  placer  separately.  It  should  be 
remembered  that  an  application  which  omits  to  include  an 
application  for  a  known  vein  or  lode  therein,  must  be  con- 
strued as  a  conclusive  declaration  that  the  applicant  has  no 
right  of  possession  to  the  vein  or  lode.  Where  there  is  no 
known  lode  or  vein,  the  fact  must  appear  by  the  affidavit  of 
two  or  more  witnesses. 

59.  By  Section  2330,  it  is  declared  that  no  location  of  a 
placer  claim,  made  after  July  9,  1870,  shall  exceed  one  hun- 
dred and  sixty  acres  for  any  one  person  or  association  of 
persons,  which  location  shall  conform  to  the  United  States 

surveys. 

60.  Section  2331  provides  that  all  placer  mining  claims 
located  after  May  10,  1872,  shall  conform  as  uearly  as  prac- 
ticable with  the  United  States  systems  of  public  surveys,  and 


3KA. 


UNITED  STATES  MINING    LAWS  FOR  ALASKA. 


87 


Nhii  of  the 
EM  of  the 
IS  the  case 
land,  the 
in  a  mln- 
Inquiry  as 
submitted 
ow  clearly 
}  upon  the 

o  perform 
legal  sub- 
heir  value 
;  thpy  were 
,  The  an- 
by  section 
claims  as 

ho  are  also 
jrein,  must 
uch  vein  or 
Iso  include 
,  placer  lo- 
ild  be  dis- 

in  all  the 
med  or  ex- 
!  plat;  the 
e  claim  or 

should  be 
include  an 
ist  be  con- 
ant  has  no 
here  is  no 
affidavit  of 

cation  of  a 
d  one  hun- 
Dciation  of 
ited  States 

Ling  claims 
ly  as  prac- 
irveys,  and 


the  subdivisions  of  such  surveys,  and  no  such  locations  shall 
Include  more  than  twenty  acres  for  each  individual  claimant. 

61.  The  foregoing  provisions  of  law  are  construed  to 
mean  that  after  the  9th  day  of  July,  1870,  no  location  of  a 
placer  claim  can  be  made  to  exceed  one  hundred  and  sixty 
acres,  whatever  may  be  the  number  of  locators  associated  to- 
gether, or  whatever  the  local  regulations  of  the  district  may 
allow;  and  tuat  from  and  after  May  10, 1872,  no  location  made 
by  an  individual  can  exceed  twenty  acres,  and  no  location 
made  by  an  association  of  individuals  can  exceed  one  hundred 
and  sixty  acres,  which  location  of  one  hundred  and  sixty 
acres  can  not  be  made  by  a  less  number  than  eight  bona  fide 
locators;  and  no  local  laws  or  mining  regulations  can  restrict 
a  placer  location  to  less  than  twenty  acres,  although  the  lo- 
cator is  not  compelled  to  take  so  much. 

62.  The  regulations  hereinbefore  given  as  to  the  manner 
of  marking  locations  on  the  ground,  and  placing  the  same  on 
record,  must  be  observed  in  the  case  of  placer  locations  so 
far  as  the  same  are  applicable,  the  law  requiring,  however, 
that  where  placer  claims  are  upon  surveyed  public  lands  the 
locations  must  hereafter  be  made  to  conform  to  legal  suLll- 
visions  thereof  as  near  as  practicable. 

63.  The  first  care  in  recognizing  an  application  for  pat- 
ent upon  a  placer  claim  must  be  exercised  in  determining  the 
exact  classification  of  the  lands.  To  this  end  the  clearest  evi- 
dence of  which  the  case  is  capable  should  be  presented. 

(1)  If  the  claim  be  all  placer  ground,  that  fact  must  be 
stated  in  the  application  and  corroborated  by  accompanying 
proofs;  if  of  mixed  placers  and  lodes,  it  should  be  so  set  out, 
with  a  description  of  all  known  lodes  situated  within  the 
boundaries  of  the  claim.  A  specific  declaration,  such  as  is 
required  by  section  2333,  Revised  Statutes,  must  be  furnished 
as  to  each  lode  intended  to  be  claimed.  All  other  knc^n 
lodes  are,  by  the  silence  of  the  applicant,  excluded  by  law 
from  all  claim  by  him,  of  whatsoever  nature,  possessory  or 
otherwise. 

(2)  Section  2395,  Revised  Statutes  (subdivision  7).  re- 
quires the  surveyor  to  *'note  in  his  field  books  the  true  situa- 
tion of  all  mines,  salt  licks,  salt  springs,  and  mill  seats  which 
come  to  his  knowledge;"  also  "all  water  courses  over  which 
the  lines  he  runs  may  pass."  It  further  requires  him  to 
"note  the  quality  of  the  lands."  These  descriptive  notes  are 
required  by  subdivision  8  to  be  incorporated  in  the  plat  by 
the  surveyor-general. 


I 


K 
i 


r^tsu 


■^r 


■'if 


I 


38 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


(3)  If  these  duties  have  been  performed,  the  public  sur- 
veys will  furnish  a  reasonable  guide  to  the  district  officers 
and  to  claimants  in  prosecuting  their  applications.  But  ex- 
perience has  shown  that  great  neglect  has  resulted  from  the 
inattention  to  the  law  in  this  respect,  and  the  regular  plats 
are  of  very  little  value  in  the  matter.  It  will,  therefore,  be 
required  in  the  future  that  deputy  surveyors  shall,  at  the  ex- 
pense of  the  parties,  make  full  examination  of  all  placer 
claims  surveyed  by  them,  and  duly  note  the  facts  as  specified 
in  the  law,  stating  the  quality  and  composition  of  the  soil,  the 
kind  and  amount  of  timber  and  other  vegetation,  the  locus 
and  size  of  streams,  and  such  other  matters  as  mixy  av^pear 
upon  the  surface  of  the  claim.  This  examination  should  in- 
clude the  character  and  extent  of  all  surface  and  underground 
workings,  whether  placer  or  lode,  for  mining  purposes. 

(4)  In  addition  to  these  data,  which  the  law  requires  to 
be  shown  in  all  oases,  the  deputy  should  report  w^ith  refer- 
ence to  the  proximity  of  centers  of  trade  or  residence;  also  of 
well-known  systems  of  lode  deposit  or  of  individual  lodes. 
He  should  also  report  as  to  the  use  or  adaptability  of  the 
claim  for  placer  mining;  whether  water  has  been  brought 
upon  it  in  sufficient  quantity  to  mine  the  same,  or  whether 
it  can  be  procured  for  that  purpose;  and,  finally,  what  works 
or  expenditures  have  been  made  by  the  claimant  or  his 
grantors  for  the  development  of  the  claim,  and  their  situation 
and  location  with  respect  to  the  same  as  applied  for. 

(5)  This  examination  should  be  reported  by  the  deputy 
under  oath  to  the  surveyor-general,  and  duly  corroborated; 
and  a  copy  of  the  same  should  be  furnished  with  the  applica- 
tion for  patent  to  the  claim,  constituting  a  part  thereof,  and 
included  in  the  oath  of  the  applicant. 

(6)  Applications  awaiting  entry,  whether  published  or 
not,  must  be  made  to  conform  to  these  regulations,  with  re- 
spect to  examination  as  to  the  character  of  the  land.  Entries 
already  made  will  be  suspended  for  such  additional  proofs  as 
may  be  deemed  necessary  in  each  case. 

MILL  SITES 

64.  Section  2337  provides  that  "where  non-mineral  land 
not  contiguous  tu  the  vein  or  lode  is  used  or  occupied  by  the 
proprietor  of  such  vein  or  lode  for  mining  or  milling  purposes, 
such  non-adjacent  surface  grounds  may  be  embraced  and  in- 
cluded In  an  application  for  a  patent  for  such  vein  or  lode, 


d< 
b 


P 

V 


IKA. 

ublic  sur- 
ct  officers 
But  ex- 

from  the 
ular  plats 
jrefore,  be 
at  the  ex- 
all  placer 
s  specified 
le  soil,  the 

the  locus 
ay  ai^pear 
should  in- 
Lderground 
oses. 

requires  to 
yith  refer- 
ice;  also  of 
iual  lodes, 
lity  of  the 
in.  brought 
or  whether 
v'hat  works 
nt  or  his 
ir  situation 
)r. 

the  deputy 
rroborated ; 
he  applica- 
hereof,  and 

Liblished  or 
IS,  with  re- 
id.  Entries 
U  proofs  as 


VNITED  STATES  MINING   LAWS  FOR  ALASKA. 


30 


ilneral  land 
pied  by  the 
ife  purposes, 
ced  and  in- 
ein  or  lode, 


and  the  same  may  be  patented  therewith,  subject  to  the  same 
preliminary  requirements  as  to  survey  and  notice  as  are  ap- 
plicable to  veins  or  lodes;  but  no  location  hereafter  made  of 
such  non-adjacent  land  shall  exceed  five  acres,  and  payment 
for  the  same  must  be  made  at  the  same  rate  as  fixed  by  this 
chapter  for  the  superficies  of  the  lode.  The  owner  of  a  quartz 
mill  or  reduction  works,  not  owning  a  mine  In  connection 
therewith,  may  also  receive  a  patent  for  his  mill  site,  as  pro- 
vided in  this  section." 

65.  To  avail  themselves  of  this  provision  of  law,  parties 
holding  the  possessory  right  to  a  vein  or  lode,  and  to  a  piece 
of  non-mineral  land  not  contiguous  thereto,  for  mining  or 
milling  purposes,  not  exceeding  the  quantity  allowed  for  such 
purpose  by  section  2837,  United  States  Revised  Statutes,  or 
prior  lawj,  under  which  the  land  was  appropriated,  the  pro- 
prietors of  such  vein  or  lode  may  file  Jn  the  proper  land  office 
their  application  for  a  patent,  under  oath,  in  manner  already 
set  forth  herein,  which  application,  together  with  the  plat 
and  field  notes,  may  include,  embrace,  and  describe,  in  addi- 
tion to  the  vein  or  lode,  such  non-contiguous  mill  site,  and 
after  due  proceedings  as  to  notice,  etc.,  a  patent  will  be 
issued  conveying  the  same  as  one  claim. 

66.  In  making  the  survey  in  a  case  of  this  kind,  the  lode 
claim  should  be  described  in  the  plat  and  field  notes  as  "Lot 
No.  37,  A,"  and  the  mill  site  as  "Lot  No.  37,  B,"  or  whatever 
may  be  its  appropriate  numerical  designation;  the  course  and 
distance  from  a  r^orner  of  the  mill  site  to  a  corner  of  the  lode 
claim  to  be  invariably  given  in  such  plat  and  field  notes,  and 
a  copy  of  the  plat  and  notice  of  application  for  patent  must 
be  conspicuously  posted  upon  the  mill  site  as  well  as  upon 
the  vein  or  lode  for  the  statutory  period  of  sixty  days.  In 
making  the  entry  no  separate  receipt  or  certificate  need  be 
issued,  for  the  mill  site,  but  the  whole  area  of  both  lode  and 
mill  site  will  be  embraced  in  one  entry,  the  price  being  five 
dollars  for  each  acre  and  fractional  part  of  an  acre  embraced 
by  such  lode  and  mill  site  claim. 

67.  In  case  the  owner  of  a  quartz  mill  or  reduction  works 
is  not  the  owner  or  claimant  of  a  vein  or  lode,  the  law  per- 
mits him  to  make  application  therefor  in  the  same  manner 
prescribed  herein  for  mining  claims,  and  after  due  notice  and 
proceedings,  in  the  absence  of  a  valid  adverse  filing,  to  enter 
and  receive  a  patent  for  his  mill  site  at  said  price  per  acre. 

68.  In  every  case  there  must  be  satisfactory  proof  that 
the  land  claimed  as  a  mill  site  Is  not  mineral  in  character, 


m 


mm 


>'«i 


^ya^ 


,..JV' 


■*\;i 


40 


UNITED  STATES  MINING   LAWS  FOR  ALASKA. 


■'■'  I 


tl 


•  I 


Which  proof  may,  where  the  matter  is  unquestioned,  consist 
of  the  sworr  statement  of  the  claimant,  supported  by  that 
of  one  or  more  disinterested  persors  capable  from  acquaint- 
ance with  the  land  to  testify  understandingly. 

69.  The  law  expressly  limits  mill  site  locations  made 
from  and  after  its  passage  to  five  acres. 

70.  The  registers  and  receivers  will  preserve  an  un- 
broken consecutive  series  of  numbers  for  all  miner.  I  d^^riea. 


■  (  ( 


POSSESSORY  RIGHT 

71.  With  regard  to  the  proofs  necessary  to  establish  the 
possessory  right  to  a  mining  claim,  section  2332  provides  that 
"where  such  person  or  association,  they  and  their  grantors, 
have  held  and  worked  their  claims  for  a  period  equal  to  the 
time  prescribed  by  the  statute  of  limitations  for  mining 
claims  of  the  State  or  Territory  where  the  same  may  be  situ- 
ated, evidence  of  such  possession  and  working  of  the  claims 
for  such  period  shall  be  sufficient  to  establish  a  right  to  a 
patent  thereto  under  this  chapter,  in  the  absence  of  any  ad- 
verse claim." 

72.  This  provision  of  law  will  greatly  lessen  the  burdet. 
of  proof,  more  especially  in  the  case  of  old  claims  locate 
many  years  since,  the  records  of  which,  in  many  cases,  have 
be'  n  destroyed  by  fire,  or  lost  in  other  ways  during  the  lajiatt 
of  time,  but  concerning  the  possessory  right  to  which  all 
controversy  or  litigation  has  long  been  settled. 

73.  When  an  applicant  desires  to  make  his  proof  of  pos- 
sessory right  in  accordance  with  this  provision  of  law,  he 
will  not  be  required  to  produce  evidence  of  location,  copies  of 
conveyance,  or  abstracts  of  title,  a'j  in  other  cases,  but  will  b? 
required  to  furnish  a  duly  certified  copy  of  the  statute  «' 
limitation  of  mining  claims  for  the  State  or  Territory,  r, 
gether  with  his  sworn  statement  giving  a  clear  and  succine. 
narration  of  the  facts  as  to  the  origin  of  his  title,  and  like- 
wise as  to  the  contimmtion  of  his  posiesfcic::  of  the  mining 
ground  covered  by  his  application;  i\\6  aie^  thereof;  the 
nature  and  extent  of  the  mining  that  nas  bef;^  uone  thereon; 
whether  there  has  been  any  opposition  to  his  possession,  or 
litigation  with  regard  to  his  claim,  and,  if  so,  when  the  same 
ceased;  whether  such  cessation  was  caused  by  compromise  or 
by  judicial  decree,  and  any  additional  facts  within  the  claim- 
ant's knowledge  having  a  direct  bearing  upon  his  possession 


^ 


k.SKA. 

led,  consist 
ed  by  that 
n  acquaint- 

tions  made 

:ve  an  im- 

!r-::.l  (i"*ii«a. 


stablisli  the 

•ovides  that 

ir  grantors, 

qual  to  the 

for  mining 

nay  be  situ- 

the  claims 

right  to  a 

of  any  ad- 

the  burde* 
ims  locate 

cases,  have 
ig  the  lar:s« 
)  which  all 

roof  of  pos- 
of  law,  he 
on,  copies  of 
but  will  be 
)  statutr  (:* 
jrritory,  r. 
ind  succinc 
e,  and  like- 
the  mining 
;hereof;  the 
ine  thereon; 
ssession,  or 
3n  the  same 
apromise  or 
1  the  claim- 
3  possession 


UNITED  STATUS  MINING    LAWS  FOR  AI.ASKA 


41 


and  bona  fides  which  he  may  desire  to  submit  in  support  of  his 
claim. 

74.  There  should  likewise  be  filed  a  certificate,  under 
seal  of  the  court  having  jurisdiction  of  mining  cases  within 
the  judicial  district  embracing  the  claim,  that  no  suit  or 
action  of  any  character  whatever  involving  the  right  of  pos- 
session to  any  portion  of  the  claim  applied  for  is  pending, 
and  that  there  has  been  no  litigation  before  said  court  affect- 
ing the  title  to  said  claim  or  any  part  thereof  for  a  period 
equal  to  the  time  fixed  by  the  statute  of  limitations  for  min- 
ing claims  in  the  State  or  Territory  as  aforesaid,  other  than 
that  which  has  been  finally  decided  in  favor  of  the  claimant. 

75.  The  claimant  should  support  his  narrative  of  fact^ 
relative  to  his  possession,  occupancy,  and  improvements  by 
corroborative  testimony  of  any  disinterested  person  or  per- 
sons of  credibility  who  may  be  cognizant  of  the  facts  in  the 
case  and  are  capable  of  testifying  understandingly  in  the 
premises. 

76.  As  a  condition  for  the  making  of  application  for 
natent  according  to  section  2325,  there  must  be  a  preliminary 
.showing  the  work  or  expenditure  upon  each  location,  either 
;  y  shov/ing  the  full  amount  sufllcient  to  the  maintenance  of 

'  ssession  under  section  2324  for  the  pending  year;  or,  if  there 
lati  been  failure,  it  should  be  shown  that  work  has  been  re- 

.'.aed  so  as  to  prevent  relocation  by  adverse  parties  after 

abandonment. 

The  "pending  year"  means  the  calendar  year  in  which 
application  is  made,  and  has  'no  reference  to  a  showing  of 
work  at  date  of  the  final  entry. 

77.  This  preliminary  showing  may,  where  the  matter  is 
unquestioned,  consist  of  the  affidavit  of  two  or  more  witnesses 
familiar  with  the  facts. 

PROCEEDINGS  BEFORE  THE  REGISTER  AND  RE- 
CEIVER AND  SURVEYOR-GENERAL  IN  CONTESTS 
AND  HEARINGS  TO  ESTABLISH  THE  CHARACTER 
OF  LANDS. 

78.  The  "Rules  of  Practice  in  cases  before  the  United 
States  district  land  offices,  the  General  Land  Office,  and  the 
Department  of  the  Interior,"  approved  August  13,  1885,  will, 
as  far  as  applicable,  govern  In  all  cases  and  nmreedings  aris' 


I 


I 


m 


m 
"'ill 


M 

V'.^. 


:-m 


'.     »  i 

:^i 

,1 


I'll 


42 


UNITED  STATES  MINING   LAWS   FOR  ALASKA. 


ing  in  contests,  and  hearings  to  determine  the  mineral  or 
non-mineral  character  of  lands. 

79.  The  only  tracts  of  public  land  that  will  be  withheld 
from  entry  as  agricultural  land  on  account  of  its  mineral 
character,  ^'11  be  such  as  are  returned  by  the  surveyor-gen- 
eral as  min  :  nd  even  the  presumption  which  is  supported 
by  such  retui:  ay  be  overcome  by  testimony  taken  at  a  reg- 
ular hearing. 

80.  Hearings  to  determine  the  character  of  land,  as  prac- 
tically distinguished,  are  of  two  kinds: 

(1)  Where  lands  which  are  sought  to  be  entered  and 
patented  as  agricultural  are  alleged  by  affidavit  to  be  mineral, 
or  when  sought  as  mineral  their  non-mineral  character  is  al- 
leged. 

The  proceedings  relative  to  this  class  ar*^  in  the  nature 
of  a  contest  between  two  or  more  known  parties. 

(2)  When  lands  are  returned  as  mineral  by  the  sur- 
veyor-general. 

When  such  lands  are  sought  to  be  entered  as  agricultural, 
notice  must  be  given  by  publication  for  thirty  days,  with  post- 
ing in  the  local  office  for  the  same  period. 

81.  At  the  hearings  under  either  of  the  aforesaid  classes, 
the  claimants  and  witnesses  will  be  thoroughly  examined  with 
regard  to  the  character  of  the  land;  whether  the  same  has 
been  thoroughly  prospected;  whether  or  not  there  exists  with- 
in the  tract  or  tracts  claimed  any  lode  or  vein  of  quartz  or 
other  rock  in  place,  bearing  gold,  silver,  cinnibar,  lead,  tin, 
or  copper,  or  other  valuable  deposit  which  has  ever  been 
claimed,  located,  recorded,  or  worked;  whether  such  work  is 
entirely  abandoned,  or  whether  occasionally  resumed;  if  such 
lode  does  exist,  by  whom  claimed,  under  what  designation, 
and  in  which  subdivision  of  the  land  it  lies;  whether  any 
placer  mine  or  mines  exist  upon  the  land;  if  so,  what  is  the 
character  thereof — whether  of  the  shallow  surface  descrip- 
tion, or  of  the  deep  cement,  blue  lead  or  gravel  deposits;  to 
what  extent  mining  is  carried  on  when  water  can  be  obtained, 
and  what  the  facilities  are  for  obtaining  water  for  mining 
purposes;  upon  what  particular  ten-acre  subdivisions  min- 
ing has  been  done,  and  at  what  time  the  land  was  abandoned 
for  mining  purposes,  if  abandoned  at  all. 

82.  The  testimony  should  also  show  the  agricultural  ca- 
pacities of  the  land,  what  kind  of  crops  are  raised  thereon, 
and  the  value  thereof;  the  number  of  acres  actually  cultivated 
for  crops  of  cereals  or  vegetables  atiri  within  which  particu- 


SKA. 

Mineral  or 

e  withheld 
ts  mineral 
veyor-gen- 
supported 
n  at  a  reg- 

id,  as  prac- 

itered  and 
)e  mineral, 
acter  is  al- 

the  nature 

y  the  sur- 

?ricultural, 
with  post- 
aid  classes, 
mined  with 
3  same  has 
ixists  with- 
f  quartz  or 
',  lead,  tin, 
ever  been 
ch  work  is 
ed;  if  such 
esignation, 
lether  any 
^rhat  is  the 
36  descrip- 
eposits;  to 
e  obtained, 
for  mining 
slons  mln- 
abandoned 

ultural  ca- 
d  thereon, 
cultivated 
ih  partlcu- 


UNITED  STATES  MINING   LAWS  FOR  ALASKA. 


4S 


lar  fen-acre  subdivision  such  crops  are  raised;  also  which  of 
these  subdivisions  embrace  the  improvements,  giving  in  de- 
tail the  extent  and  value  of  the  improvements,  such  as  house, 
barn,  vineyard,  orchard,  fencing,  etc.,  and  mining  improve- 
ments. 

83.  The  testimony  should  be  as  full  and  complete  as  pos- 
sible; and  in  addition  to  the  leading  points  indicated  above, 
where  in  attempt  Is  made  to  prove  the  mineral  character  of 
lands  which  have  been  entered  under  the  agricultural  laws, 
it  should  show  at  what  date,  if  at  all,  valuable  deposits  of 
minerals  were  first  known  to  exist  in  the  lands. 

84.  When  the  case  comes  before  this  office,  such  decis- 
ion will  be  made  as  the  law  and  the  facts  may  justify;  and  In 
cases  where  a  survey  is  necessary  to  set  apart  the  mineral 
from  the  agricultural  land,  the  necessary  Instructions  will  be 
given  to  enable  the  proper  party,  at  his  own  expense,  to  have 
the  work  done,  at  his  option,  either  by  United  States  deputy, 
county,  or  other  local  surveyer;  the  survey  in  such  case,  where 
the  claims  to  be  segregated  are  vein  or  lode  claims,  must  be 
executed  in  such  manner  as  will  conform  to  the  requirements 
in  section  2320,  United  States  Revised  Statutes,  as  to  length 
and  width  and  parallel  end  lines. 

85.  Such  survey  when  executed  must  be  properly  sworn 
to  by  the  surveyor,  either  before  a  notary  public,  officer  of  a 
court  of  record,  or  before  the  register  or  receiver,  the  de- 
ponent's character  and  credibility  to  be  properly  certified  to 
by  the  officer  administering  the  oath. 

86.  Upon  the  filing  of  the  plat  and  field  notes  of  such 
survey,  duly  sworn  to  as  aforesaid,  you  will  transmit  the  same 
to  the  surveyor-general  for  his  verification  and  approval;  who, 
if  he  finds  the  work  correctly  performed,  will  properly  mark 
out  the  same  upon  the  original  township  plat  in  his  office, 
and  furnish  authenticated  copies  of  such  plat  and  description 
both  to  proper  local  land  office  and  to  this  office,  to  be  affixed 
to  the  duplicate  and  triplicate  township  plats  respectively. 

87.  With  the  copy  of  plat  and  description  furnished  the 
local  office  and  this  office,  must  be  a  diagram  tracing,  verified 
by  the  surveyor-general,  showing  the  claim  or  claims  segre- 
gated, and  designating  the  separate  fractional  agricultural 
tracts  in  each  40-acre  legal  subdivision  by  the  proper  lot  num- 
ber, beginning  with  No.  1  In  each  section,  and  giving  the  area 
in  each  lot,  the  same  as  provided  In  paragraph  45,  in  the  sur- 
vey ot  mining  claims  on  surveyed  lands. 

88.  The  fact  that  a  certain  tract  of  land  Is  decided  upon 


,  "■?." 


:m 


'■>-.*■, 


..^L-mij 


■1^^^ 


1 


r 


44 


UNITE]     STATES  MINING    LAWS   FOR  ALiASKA. 


testimouy  to  be  mineral  in  character  is  by  no  means  equiva- 
lent to  an  award  of  the  land  to  a  miner.  A  miner  is  com- 
pelled by  law  to  give  sixty  days'  publication  of  notice,  and 
posting  of  diagrams  and  notices,  as  a  preliminary  step;  and 
then,  before  he  can  enter  the  land,  he  must  show  that  the 
land  yields  mineral;  that  he  is  entitled  to  the  possessory 
right  thereto  in  virtue  of  compliance  with  local  customs  or 
rules  of  miners,  or  by  virtue  of  the  statute  of  limitations; 
that  he  or  his  grantors  have  expended,  in  actual  labor  and 
improvements,  an  amount  not  less  than  five  hundred  dollars 
thereon,  and  that  the  claim  is  one  in  regard  to  which  there 
is  no  controversy  or  opposing  claim.  After  all  these  proofs 
are  met,  he  is  entitled  to  have  a  survey  made  at  his  own  cost 
where  a  survey  is  required,  after  which  he  can  enter  and  pay 
for  the  land  embraced  by  his  claim. 

89.    Blank  forms  for  proofs  in  mineral  cases  are  not 
furnished  by  the  General  Land  Office. 


^1$' 


"I 


4^ 


I  . 


1 

:  f::' 

.,1 

i 

■:j!i; 

.;^,iii 

-1 

■'          ■  '1     i                         > 

■ 

Y  'l'^ ' 

FORMS 

NOTICE    OF    LOCATION— LODE    CLAIM. 

Notice  is  hereby  given  that  the  undersigned  having  compiled 
with  the  requirements  of  chapter  6,  title  32,  Revised  Statutes  of 
the  United  States,  and  the  local  customs,  laws  and  regulations, 

has  located  linear  feet  on  the  lode,  situated  in  

mining  district,  in  county,  State  of ;  described  as  fol- 
lows   

Discovered  Located  Locator. 

NOTICE  OF  LOCATION— PLACER  CLAIM. 

Know  all  men  by  these  presents,  that  I the  under- 
signed citizen  of  the  United  States,  resident  of  county  of  

and  State  of having  complied  with  the  provisions  of  chapter 

6,  title  32  of  the  Revised  Statutes  of  the  United  States,  and  with 
local  customs,  laws  and  regulations,  claim  by  right  of  discovery 
and  location,  as  a  placer  claim,  containing  valuable  deposits  of 

the  following  premises  situate,  lying  and  be  tig  in  

mining  district  (or  county),  county  of ,  and  State  of  , 

to-wit:     (Description.) 

To  be  known  as:    (Name).  

Located ,  189..    Date  of  certificate ,  189.. 


LiASKA. 

leans  equiva- 
ainer  is  com- 
f  notice,  and 
T  step;  and 
low  that  the 
le  possessory 
1  customs  or 
f  limitations; 
ial  labor  and 
ndred  dollars 
which  there 
these  proofs 
his  own  coat 
nter  and  pay 

ases  are  not 


IM. 

ving  complied 
;d  Statutes  of 
d  regulations, 

iated  in  

icribed  as  fol- 

.,  Locator. 


AIM. 

...  the  under- 

unty  of  

)ns  of  chapter 
tes,  and  with 
:  of  discovery 
le  deposits  of 

e  ag  in   

tate  of  


UNITED  STATES  MINING   LAWS  FOR  ALAIKA.  io 


AFFIDAVIT  OP  LABOR  PERFORMED. 

State  of  county  of  ,  ss: 

Before  me.  the  subscriber,  personally  appeared   , 

who,  being  duly  sworn,  saith  that  at  least dollars  worth  of 

work  or  improvements  were  performed  or  made  upon  the  

lode,  situate  on  mountain,  in  mining  district,  county 

of   State  of  between  the  first  day  of   A.   D, 

189.,  and  the  thirty-first  day  of A.  D.  189..    Such  expenditure 

was  made  by  or  at  the  expense  of ,  owner  (or  one  of  the  own- 
ers) of  said  claim,  for  the  purpose  of  complying  with  the  law  and 
holding  said  claim.  

Sworn  and  subscribed  to  before  me  this  ....  day  of  A. 

D.  189.. 

(Seal.)  ,  Notary  Public. 

NOTICE   OP  RIGHT  OP   WATER. 

The  undersigned  claims  the  water  running  in  this  stream  for 

mining  purposes  to  the  extent  of cubic  inches  per  second  of 

time,  to  be  conveyed  by  (ditch  or  flume)  from  this  point  to  

claim 18....  (Signed)  

A  copy  of  this  notice  is  to  be  posted  where  it  is  intended  to 
divert  the  water,  and  a  copy  filed  for  record  in  the  oflfice  of  the 
county  auditor  of  the  county  in  which  the  point  of  divergence 
may  be,  within  ten  days;  and  actual  work  must  be  commenced 
within  six  months. 

TUNNEL   CLAIM   LOCATION   CERTIFICATE. 

Know  all  men  by  these  presents,  that  the  undersigned,  citi- 
zens  of   the  United   States,    have   this    ....    day  of    18.,, 

claimed  by  right  of  location,  a  tunnel  claim  for  the  purpose  of 
discovering  and  working  veins,  lodes  or  deposits  on  the  line  there- 
of (cuttin  the lode  and  working  the lode).    Said  tunnel 

claim  is  situated  in  the  mining  district,   county  of   

State  of  and  the  location  and  bounds  of  said  tunnel  are 

staked  on  the  surface  at  the  place  of  commencement  and  ter- 
mination, as  well  as  along  the  line  thereof;  said  claim  is  moro 
particularly  described  as  follows:  (Give  courses  and  distances, 
and  describe  as  in  lode  location  by  natural  objects. 

Dated  Locator. 

GRUB    STAKE    PROSPECTING    CONTR/ CT. 

In  consideration  of  provisions  advanced  to  me  by  , 

and  of  his  agreement  to  supply  me  from  time  to  time,  as  I  may 
reasonably  demand  them,  with  tools,  grub  and  mining  outfit 
generally,  and  the  sum  of  $....  in  hand  paid,  I  agree  to  prospect 
for  lodes  and  deposits  In  districts,  and  to  locate  all  dis- 
coveries which  I  may  consider  worth  the  expenditure,  and  record 
the  same  in  the  joint  names  of  said  outfitter  and  myself,  and  in 
our  names  only,  as  equal  owners.  My  time  and  labor  shall  stand 
against  his  money,  provisions,  etc.,  as  aforesaid.  All  expenses  of 
survey  and  record  shall  be  paid  by  the  outfitter,  and  I  agree  to 
make  no  debts  on  account  of  this  agreement.     Work  done  on 


f 


46 


UNITED  STATES  MINING   LAWS  FOR  ALASKA. 


• 


''    '    I 

"I. 


411  „  ' 


claims  after  record  and  before  the  expiration  of  this  contract 
shall  be  considered  as  done  under  this  contract,  and  no  charge 
for  labor  or  lime  shall  be  made  for  the  same.  This  contract  shall 
stand  good  during  the  whole  of  the  summer  and  fall  of  ex- 
piring    and  during  all  of  that  period  I  will  not  work  or 

prospect  on  my  own  account,  or  for  any  parties  other  than  said 
outfitter.  

Dated  ,  

I  agree  to  the  terms  above  stated. 

NOTICE  OF  FORFEITURE. 

County, ,  189—. 

To— (names  of  all  parties  who  have  record  title  to  any  portion 

of  the  mine).    You  are  hereby  notified  that  I  have  expended 

dollars  in  labor  and  improvements  upon  the  lode  (describe 

the  claim),  as  will  appear  by  certificate  filed  189.,  in  the 

office  of  the  Recorder  of  said  county  (or  district),  in  order  to  hold 
said  premises,  under  the  provisions  of  section  2324  Revised 
Statutes  of  the  United  States,  being  the  amount  required  to  hold 

the  same  for  the  year  ending  ,  189..     And  If  within  ninety 

days  from  the  service  of  this  notice  (or  within  ninety  days  after 
this  notice  by  publ.cation),  you  fail  or  refuse  to  contribute  your 
proportion  of  such  expenditure  as  a  co-owner,  your  interest  In 
said  claim  will  become  the  property  of  the  subscriber  under  sale* 
section  2324.  (Signed)  

Note.— At  the  expiration  of  180  days,  this  notice  should  be 
recorded  with  the  aflRcJavIt  of  the  newspaper  publisher,  that  the 
same  was  published  for  the  period  of  ninety  days,  together  with 
the  afl^davit  of  the  party  signing  the  notice  to  the  effect  that 
one  or  more  of  the  co-owners  named  in  the  published  notice  hare 
not  paid  their  share  of  the  expenditure.  This  completes  the 
record  title. 
State  of  ,  County  of  ss; 

AFFIDAVIT  OF  FAILURE  TO  CONTRIBUTE. 

being  duly  sworn,  deposes  and  says  that  for  the 

year  ending ,  189.,  he  expended  at  least dollars  In  labor 

and  improvements  upon  the  lode  (or  placer  claim- 
here  describe  the  claim),  to  hold  the  same  under  the  laws  of  the 

United   States  and   of   this   (district,   Territory   or   State,): 

that  due  notice  thereof  was  personally  served  upon  , 

co-owners,  on  the day  of ,  189.,  (or  was  duly  published 

in  the  as  appears  from  the  affidavit  of  the  publisher 

thereof);  and  that (of  the  said)  co-owners  have  failed 

or  refused  to  contribute  their  share  of  said  expenditures  within 
the  time  required  by  law.  

Subscribed  and  sworn  to  before  me  this  day  of  

189.. 


MINER'S  LIEN. 

Know  all  men  by  these  presents,  that  I,  ,  of  the  county 

of state  of do  hereby  give  notice  of  my  Intention  to 

hold  and  claim  a  lien,  by  virtue  of  the  statute  in  such  case  made 


.SKA. 

lis  contract 
no  charge 
ntract  shall 

)f  ,  ex- 

ot  work  or 
r  than  said 


.  189-. 
any  portion 

en^ed  

le  (describe 
189.,  In  the 
der  to  hold 
24    Revised 
red  to  hold 
thin  ninety- 
days  after 
ribute  your 
Interest  in 
under  sale. 

should  be 
■r,  that  the 
?ether  with 
effect  that 
notice  hare 
ipletes  the 


UNITED  8TATES  MINING  LAWS  FOR  ALASKA. 


and  provided,  upon  (describe  premises),  with  all  improve- 
ments    and     appurtenances,   situated    In   mining  district, 

county  of state  of 

The  said  lien  being  claimed  and  held  for  and  on  account  of 

work  and  labor  done  by  me  as  for  ,  owner  of  said 

premises  in  and  upon  said  premises,  from  the day  of 

A.  D.  189.,  to  the  day  of  A.  D.  189.. 

The  total  value  of  said  work  and  labor  being  dollars, 

upon  which  there  has  been  paid  the  sum  of dollars,  leaving 

a  balance  of dollars  still  due,  owing  and  unpaid  to  me,  the 

said  claimant.  (Signed)  

Make  oath  to  same  before  proper  officer. 

Note.— For  materials  insert  "goods  furnished  and  delivered  to 
owners  of  said  premises,  for  use  on  said  premises,  and  which  were 
used  on  said  premises,  as  per  bill  annexed"  in  place  of  "work 
and  labor." 


TUNNEL  CLAIM— LOCATION  CERTIFICATES. 

Know  all  men  by  these  presents,  that  the  undersigned,  citizens 

of  the  United  States,  have  this  day  of  189.,  claimed 

by  right  of  location,  a  tunnel  claim,  for  the  purpose  of  discover- 
ing and  working  veins,  lodes  or  deposits  on  the  line  thereof  (cut- 
ting the  lode,  and  working  the  lode).    Said  tunnel 

claim  Is  situated  In  the  mining  district,  county  of  

state  of  ,  and  the  location  and  bounds  of  said  tunnel  are 

staked  on  the  surface  at  the  place  of  commencement  and  termina- 
tion thereof,  as  well  as  along  the  line  thereof.  Said  claim  is  more 
particularly  described  as  follows:  (Describe  the  commencement 
and  termination  by  reference  to  natural  objects  and  permanent 
monuments,  and  the  line  by  courses  and  distances.) 

Dated  ,  189..  Locator. 


PE. 

^at  for  the 
rs  in  labor 
:er  claim— 
iws  of  the 
3r  State,): 

published 

publisher 

ave  failed 

fes  within 


of 


ie  county 
ention  to 
ase  made 


POWER  OF  ATTORNEY  TO  LOCATE  AND  SELL. 

Know  all  men  by  these  presents,  that  we,  the  undersigned 
(names) citizens  of  the  United  States,  have  made,  consti- 
tuted and  appointed  A.  B.  (some  third  person,  who  will  locate 
and  stake),  our  true  and  lawful  attorney  for  us,  and  in  our 
names  to  locate,  stake  and  record  for  us  each  lode  claims  and 

placer  mining  ground  in  the  county,  state  of  

and,  having  located  the  same,  to  bargain,  sell,  grant,  release  and 
convey  the  same,  entire  or  in  separate  parcels,  to  make  proper 
deeds,  seal,  acknowledge  and  deliver  the  same  to  such  persons 
as  our  attorney  may  desire;  hereby  ratifying  and  confirming  all 
lawful  acts  done  by  our  said  attorney  by  virtue  hereof. 

Witness  our  hands  and  seals,  this day  of 189.. 

(Names). 
State  of County  of  ,  ss: 

On  this  day  of  18..,  before  me In  and  for 

the  county  and  state  aforesaid,  appeared  personally  known 

to  me  as  the  persons  whose  names  are  subscribed  to  the  fore- 
going power  of  attorney,  and  acknowledged  the  execution  there- 
of as  their  free  act  and  deed,  for  the  purposes  therein  mentioned. 

Given  under  my  hand  and  ......  seal  the  day  and  year  above 

written. 


I 


48        UNITED  STATES  MINING  LAWS  FOR  AL^ASKA. 


.  NOTICE  OF  RIGHT  TO  WATER. 

The  undersl,:i:ned  claims  the  water  running  in  this stream 

to  t'"  3xtent  of Inches  for  mining  purposes,  to  be  conveyed 

by  (ditch  or  flume)  from  this  point  to  the placer  claim. 

Dated  ,18...  i.ocator. 

Note— This  notice  is  to  be  postei*  near  the  outlet,  and  the  fol- 
lowing form  is  to  be  duly  recorded  n  the  district  or  county  Re- 
corder's office. 


\rhi 


'%! 


'      '     '     > 

:k  ^ 


PRE-EMPTION    OF    RIGHT    OF    WAY    FOR    DITCH    AND 

LOCATION    OF    WATER. 

To  whom  these  presents  may  concern,  know  ye.,  that  I,  

of  the  county  of  in  the  state  of  a  citizen  of  the 

United  States,  do  hereby  declare  and  publish  as  a  legal  notice 
to  all  the  world,  that  I  claim,  and  have  a  valid  right  to  the  occu- 
pation, possession  and  enjoyment  of  all  and  singular,  that  tract 

or  parcel  of  land  lying  and  being  in  the  county  of  ,  in  the 

state  of  for  the  exclusive  right  of  way  for  the  purpose  of 

constructing  a  flume  or  water  ditch  from  stream  to  

placer  claim,  more  particularly  described  as  follows:  Commenc- 
ing (here  describe  the  exact  route  for  ditch  or  flume.) 

I  also  claim,  and  have  a  valid  right  to  the  enjoyment  and  use 

of  inches  of  water  from  said  stream  for  mining  purposes, 

to  be  conveyed  through  such  flume  or  water  ditch  to  said  claim, 
together  with  all  and  singular,  the  hereditaments  and  appur- 
tenances thereunto  belonging,  or  in  any  wise  appertaining. 

Witness  my  hand  and  seal  this day  of A.  D.  18.. 

(Name.)  

Notice  posted  on  the  stream  ,  18... 

Ditch  commenced  at  claim  or  at  stream  ,  18... 

State  of  County  of  ,  ss: 

On  this  day  of ,  18..,  before  me,  a In  and  for 

the  county  aforesaid,  in  the  state  aforesaid,  personally  appeared 

,  to  me  personally  known  to  be  the  person  who  executed  the 

foregoing  written  instrument,  and  acknowledged  that  he  ex- 
ecuted the  same  for  the  uses  and  purposes  therein  set  forth. 

Witness  my  hand  and  official  seal.  

MINING  DEED. 

This  indenture,  made  the day  of ,  in  the  year  of  our 

Lord    one    thousand   eight   hundred    and    ,    between 

.......  of  the  county  of  .and  state  of  ,  party  of  the 

first,  and of  the  county  of  and  state  of  - 

party  of  the  second  part; 

Witness,    Tliat  the  said  party  of  the  first  part,  for  and  In 

consideration  of  the  sum  of  dollars,  lawful  money  of  the 

United  States  of  America,  to  him  In  hand  paid  by  the  said 
party  of  the  second  part,  the  receipt  whereof  Is  hereby  acknowl- 
edged, hath  granted,  bargained,  sold,  remised,  released,  and  for- 
ever quit-claimed,  and  by  these  presents  does  grant,  bargain 
^-*lv^®™^^®'  release,  and  forever  quit-claim,  unto  the  said  oartv 
of  the  second  part,  his  heirs  and  assigns,  the  ......  lode  as  lo- 
cated, surveyed,  recorded,  and  held  by  said  party  of  the  flrlt 


SKA. 


UNITED  STATES  MINING  LAWS  FOR  ALASKA. 


49 


....  stream 
e  conveyed 
claim. 
L<ocator. 
nd  the  fol- 
sounty  He- 


:CH    AND 


It  I.  

sen  of  the 
iga.1  notice 
»  the  occu- 
that  tract 
...,  in  the 
purpose  of 

n  to  , 

Commenc- 

it  and  use 
purposes, 
aid  claim, 
nd  appur- 
ning. 
D.  18.. 


n  and  for 
appeared 
icuted  the 
at  he  ex- 
3rth. 


*•••••• 


ar  of  our 

y  of  the 
of , 

r  and  in 
sy  of  the 
the  said 
acknowl- 
and  for- 
bargaln, 
•Id  party 
e,  as  lo- 
the  first 


part,  situated  In  mining  district,  county,  ,  to- 
gether with  all  the  dips,  spurs,  and  angles,  and  also  the  metals, 
ores,  gold  and  silver-bearing  quartz,  rock  and  earth  therein,  and 
all  the  rights,  privileges,  and  franchises  thereto  incident,  ap- 
pendant and  appurtenant,  or  therewith  usually  had  and  enjoyed; 
and  also,  all  and  singular  the  tenements,  hereditaments,  and  ap- 
purtenances thereunto  belonging,  or  in  any  wise  appertaining,  and 
the  rents,  issues,  and  profits  thereof;  and  also,  all  the  estate, 
right,  title,  interest,  property,  possession,  claim  and  demand 
whatsoever,  as  well  in  law  as  in  equity,  of  the  said  party  of  the 
first  part,  of,  in  or  to  the  said  premises,  and  every  part  and  parcel 
thereof,  with  the  appurtenances. 

To  have  and  to  hold,  all  and  singular,  the  said  premises,  to- 
gether with  the  appurtenances  and  privileges  thereto  incident, 
unto  the  said  party  of  the  second  part,  his  heirs  and  assigns  for- 
ever warranting  and  defending  the  same  against  the  claims  of 
all  persons,  save  and  except  the  United  States. 

Have  officers  attach  acknowledgment. 

MINING  LEASE. 

This  indenture,  made  this  day  of  in  the  year  of 

our  Lord  one  thousand  eight  hundred  and  between  

lessor  and lessee;    Witnesseth,    That  the  said  lessor  for  and 

in  consideration  of  the  covenants  and  agreements  by  the  said 

lessee  to  be  paid,  kept  and  performed granted,  demised  and 

let,  and  by  these  presents  do  grant,  demise  and  let  unto  the  said 
lessee,   all  the  following  described  mine  and  mining  property, 

situated  In mining  district,  county  of  state  of  

to-wit:  (Here  description  of  property.)  Together  with  the  ap- 
purtenances    to  have  and  to  hold  unto  the  said  lessee  or 

tenant  for  the  term  of  from  the  date  hereof,     spiring  at 

noon  on  the day  of A.  D.  189.,  unless  sot-     r  forfeited 

or  determined  through  the  violation  of  any  covenant  u^reinafter 
against  the  said  tenant  reserved. 

And  In  consideration  of  the  said  demise,  the  said  lessee  does 
covenant  and  agree  with  said  lessor  as  follows,  to-wit: 
(Here  Insert  covenants,  etc. 

In  witness  whereof.  The  said  parties,  lessor  and  lessee,  hav« 
hereunto  set  their  hands  and  seals. 

(Seal.) 

(Seal.) 

BOND    AND    AGREEMENT    FOR    SALE. 

This  agreement  made  and  entered  into  this day  of 

189.,  by  and  between of  the  county  of state  of 

■>,  part.,  of  the  first  part,  and  of  the  county  of 

state  of  ,  part.,  of  the  second  part: 

Wltnesseth,  that  the  said  part.,  of  the  first  part  hereby  agree 
that  if  the  said  part.,  of  the  second  part  shall,  on  or  before  the 

expiration  of from  the  date  hereof,  pay  or  cause  to  be  paid 

to  the  said  part.,  of  the  first  part  the  sum  of ($ )  dollars 

In  gold  coin,  he  will,  upon  such  payment  being  made,  make,,  ex- 
ecute and  deliver  to  said  part.,  of  the  second  part  the  title  to  all 
th..  certain  lot,  piece  or  nflrofti  of  land  situate,  lying  and  bslng 


if 


Mi: 


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50 


UNITED  STATES  MINING   LAWS  FOR  ALASKA. 


.  i  II 


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in  the  county  of  state  of  bounded  and  particularly 

described  as  follows,  to- wit: 

The  said  part.,  of  the  first  part  further  agree.,  that  the  said 
part.,  of  the  second  part,  ....  agents,  employes  or  assigns  may 

ac  any   time  during  the  said   period   of   enter  upon   said 

premises  and  work,  mine  and  prospect  the  same  in  such  man- 
ner as  ....  may  deem  best,  and  mill  any  ore  that  may  be  taken 
therefrom  (provided  all  work  done  thereon  shall  be  done  In  a 
good,  workmanlike  manner),  and  may  place  thereon  (and  re- 
move at  ....  pleasure)  such  machinery  and  fixtures  as  may  be 
necessary  for  the  convenient  working  thereof. 

The  said  part.,  of  the  second  part  hereby  agree.,  that  In 
the  working,  mining  or  prospecting  of  said  premsles  —  will  not 
suffer  or  permit  any  lien  to  attach  thereto  for  or  in  consequence 
of  any  indebtedness  ....  may  incur  for  labor,  materials  r  m- 
provcments  ....  may  employ,  purchase  or  place  upon  said        n- 

ises  during  the  said  period  of ;  and  that  In  case  ....  .11 

fail  to  pay  or  cause  to  be  paid  to  said  part.,  of  the  first  pare  the 
said  sum  of  $....  within  said  period  of  ,  ....  will,  at  the  ex- 
piration of  said  period  of  time,  quit  and  surrender  to  said  part.,  of 
the  first  part  the  said  premises,  and  will  within  days  there- 
after remove  F.ny  machinery  and  fixtures  that  ....  may  have 
placed  thereon. 

It  is  mutually  understood  and  agreed  that  the  stipulations 
and  agreements  herein  contained  shall  apply  to  and  bind  the 
heirs,  executors,  administrators  and  assigns  of  the  respective 
parties  hereto. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals  the  day  and  year  first  above  written. 

(Seal.) 

(Seal.) 

(Seal.) 

ESCROW    AGREEMENT. 

The  'nclosed  deed  of  the  Is  hereby  placed  with  

In  tiaorow.    If  A.  B.  shall  place,  or  cause  to  be  placed  to 

the  credit  of  C.  D.,  with on  or  before  189.,  the 

full  sum  of dollars,  then  and  in  that  case  the  said  Is 

hereby  authorized  to  deliver  the  Inclosed  deed  to  A.  B.,  or  hii 
order.     In  case  the  said  A.  B.  shall  not  place,  or  cause  to  '  e 

placed,  to  the  credit  of  said  C.  D.,  with  said  ,  the  full  sum 

of  dollars,  on  or  before  189.,  then  the  said  is 

hereby  authorized  to  deliver  the  Inclosed  deed  to  the  said  C.  D., 
or  his  order.  (Signed)  C.  D. 

E.  P. 


}KA. 


artlcularly 

It  the  said 
signs  may 
upon  said 
such  man- 
r  be  taken 
done  in  a 
I  (and  re- 
is  may  be 

)..  that  in 
will  not 
mseqiience 
als  c  m- 
said  tx- 
W 

it  pare  the 
at  the  ex- 
d  part.,  of 
ays  there- 
may  have 

tipulations 

i  bind  the 

respective 

3  set  their 

(Seal.) 
(Seal.) 
(Seal.) 


with  

I  placed  to 
.,  1S9.,  the 

.id  is 

B.,  or  hfj 
luse  to  '6 
e  full  sum 

id  is 

said  C.  D., 
l>  C.  D. 

25.  F. 

A.   B, 


T^ 


MINING  LAWS  OF  BRITISH  COLUMBIA 


I    AN  ACT  RELATINO  TO  GOLD  AND  OTHER  MINERALS 

EXCEPTING  COAL. 


This  act  may  be  cited  as  the  "Min- 


[Being  Chapter  34  of  the  Statutes  of  1896.] 

HER  MAJESTY,  by  and  with  the  advice  and  consent  of 
the  Legislative  Assembly  of  the  Province  of  British  Colum- 
bia, enacts  as  follows: 

SHORT  TITLE— 1. 
eral  Act,  1896." 

INTERPRETATION— 2.  In  the  construction  of  this  Act 
the  following  expressions  shall  have  the  following  meanings 
respectively,  unless  inconsistent  with  the  context: 

"Mine"  shall  mean  any  land  in  which  any  vein  or  lode, 
or  rock  in  place,  shall  be  mined  for  gold  or  other  minerals, 
precious  or  base,  except  coal: 

"Mineral"  shall  mean  all  valuable  deposits  of  gold,  silver, 
platinum,  iridium,  or  any  of  the  platinum  group  of  metals, 
mercury,  lead,  copper,  iron,  tin,  zinc,  nickel,  aluminum,  anti- 
mony, arsenic,  barium,  bismuth,  boron,  bromine,  cadmium, 
chromium,  cobalt,  iodine,  magnesium,  manganese,  molybde- 
num, phosphorus,  plumbago,  potassium,  sodium,  strontium, 
sulphur  (or  any  combination  of  the  aforementioned  elements 
with  themselves  or  with  any  other  elements),  asbestos, 
emery,  mica,  and  mineral  pigments: 

Limestone,  marble,  clay,  or  any  building  stone  when 
mined  for  building  purposes  shall  not  be  considered  as  min- 
eral within  the  meaning  of  this  Act: 

"Rock  in  place"  shall  mean  all  rock  in  place  bearing 
valuable  deposits  of  mineral  within  the  meaning  of  this  Act: 

"Vein','  or  "lode."  Whenever  either  of  these  terms  Is 
used  in  this  Act,  "rock  in  place"  shall  be  deemed  to  bo  In- 
cluded: 


m 

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MINING    I.aWS    (>l-    HUITIBH    COLUMBIA. 


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o 


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i 

"Miuerai  claim"  shall  mean  the  perisouai  right  of  prop- 
erty or  interest  in  any  mine. 

.  "Mining  property"  shall  include  every  mineral  claim, 
ditch,  mill-site,  or  water  right  used  for  mining  purposes,  and 
all  other  things  belonging  to  a  mine  or  used  in  the  working 
thereof: 

"Legal  post"  shall  mean  a  stake  standing  not  less  than 
four  feet  above  the  ground,  and  squared  or  faced  on  four 
sides  for  at  least  one  foot  from  the  top,  and  each  side  so 
squared  or  faced  shall  measure  at  least  four  inches  on  its 
face  so  far  as  squared  or  faced,  and  any  stump  or  tree  cut  off 
and  squared  or  faced  to  the  above  height  and  size: 

"Mill-site"  shall  mean  a  plot  of  ground  located,  as  de- 
fined by  this  Act,  for  the  purpose  of  erecting  thereon  any 
machinery  or  other  works  for  transporting,  crushing,  reduc- 
ing, or  sampling  ores,  or  for  the  transmission  of  power  for 
working  mines: 

"Streams"  shall  include  all  natural  watercourses,  whether 
usually  containing  water  or  not,  and  all  rivers,  creeks,  and 
gulches: 

"Ditch"  shall  incluf^e  a  flume,  pipe  or  race,  or  other  arti- 
ficial means  for  conducting  water  by  its  own  weight,  to  be 
used  for  mining  purposes: 

"Ditch-head"  shall  mean  the  point  in  a  natural  water- 
course or  lake,  or  other  source,  where  water  is  first  taken 
into  a  ditch: 

"Free  miner"  shall  mean  a  person  or  joint  stock  company, 
or  foreign  company,  named  in  and  lawfully  possessed  of  a 
valid  existing  free  miner's  certificate,  and  no  other: 

"Record,"  "register,"  and  "registration,"  shall  have  the 
same  meaning,  and  shall  mean  an  entry  in  some  ofilcial  book 
kept  for  that  purpose: 

"Full  interest"  shall  mean  any  mineral  claim  of  the  full 
size,  or  one  of  several  shares  into  which  a  mineral  claim  shall 
be  equally  divided: 

"Cause"  shall  include  any  suit  or  action: 

"Judgment"  shall  include  "order"  or  "decree:" 

"Real  estate"  shall  mean  any  mineral  land  in  fee  simple 
under  this  or  any  Act  relating  to  gold  mines,  or  to  minerals 
other  than  coal: 

"Joint  stock  company"  shall  mean  any  company  duly 
incorporated  for  mining  purposes  under  the  "Companies 
Act,"  "Companies  Act,  1890,"  and  any  company  duly  incor- 
porated in  British  Columbia  for  mining  purposes  under  the 
"Companies  Act,  1862"  (Imperial),  and  shall  include  all  com- 


llA. 

gilt  of  prop- 

neral  claim, 
urposes,  and 
the  working 

ot  less  than 
ced  on  four 
3ach  side  so 
aches  on  its 
r  tree  cut  off 
:e: 

:ated,  as  de- 
thereon  any 
ihing,  reduc- 
3f  power  for 

'ses,  whether 
creeks,  and 

>r  other  arti- 
ireight,  to  be 

.tural  water- 
s  first  taken 

ick  company, 
issessed  of  a 
ther: 

lall  have  the 
oflScial  book 

n  of  the  full 
il  claim  shall 


je:" 

in  fee  simple 

r  to  minerals 

Dmpany  duly 
"Companies 
Y  duly  incor- 
es  under  the 
lude  all  com- 


MINING    LAWS   OF   BRITISH    COLUMBIA 


» 


panics,  whether  foreign  or  local,  registered  or  incorporated 
under  the  "Compani'^s  Act." 

PART  I. — Free  Miners  and  Their  Privileges. 

WHO  MAY  BE — 3.  Every  person  over,  but  not  under 
eighteen  years  of  age,  and  every  joint  stock  company,  !i?hall 
be  entitled  to  p11  the  rights  and  privileges  of  a  f r  vc  ii^iiuer, 
and  shall  be  considered  a  free  miner  upon  taking  o'.»r  i  free 
miner's  certificate.  A  minor  who  shall  become  a  free  miner 
shall,  as  regards  his  mming  property  and  liabilities  con- 
tracted in  connection  therewith,  be  treated  as  of  full  age.  A 
free  miner's  certificate  issued  to  a  joint  stock  company  shall 
be  issued  in  its  corporate  name.  A  free  miner's  certificate 
shall  not  be  transferable. 

CERTIFICATE— 4.  A  free  miner's  certificate  may  be 
granted  for  one  or  more  years,  to  run  from  the  date  thereof, 
or  from  the  expiration  of  the  applicant's  then  existing  certifi- 
cate, upon  the  payment  therefor  of  the  fees  set  out  in  the 
Schedule  of  Fees  to  this  Act.  Only  one  person  or  one  joint 
stock  company  shall  be  named  therein. 

FORM  0F~5.  A  free  miner's  certificate  shall  be  in  the 
following  form: 

BRITISH    COLUMBIA— FREE   MINER'S    CERTIPCATE-NOT 

TRANSFERABLE. 

Date Valid  for year.,  o   .y.  No 

This  is  to  certify  that of brs  paid  me  this  day  the 

sum  of  ,,  and  is  entitled  to  all  the  rj'  rits  and  privileges  of  a 

free  miner  for year.,  from  the  ......  day  of  18... 

(Signature   of   Hold   Commissioner   or  Mining   Recorder,    as    the 

casv-^  may  be.) 

APPLICATION  IN  ABSENCE  OF  RECORDER— 6.  If 
any  person  or  joint  stock  company  shall  apply  for  a  free 
miner's  certificate  at  the  Mining  Recorder's  office  during  his 
absence,  and  shall  leave  the  fee  required  by  this  Act  with  the 
officer  or  other  person  in  charge  of  the  said  office,  he  or  it 
shall  be  entitled  to  have  such  certificate  from  the  date  of  such 
application;  and  any  free  miner  shall  at  any  time  be  entitled 
to  obtain  a  free  miner's  certificate,  commencing  to  run  at  the 
expiration  of  his  then  existing  free  miner's  certificate,  pro- 
vided that  when  he  applies  for  such  certificate  he  shall  pro- 
duce to  the  Mining  Recorder,  or  in  case  of  his  absence  shall 
leave  with  the  officer  or  other  person  in  charge  of  the  Mining 
Recorder's  office,  such  existing  certificate. 


■'fi 
It* " 


■rf* 


it 


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1 

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-,  5ij 

h 

I; 

■  1 

54  MINING  LAWS  OF  BRITISH   COLUMBIA. 

"SUBSTITUTED  CERTIFICATE  "—7.  If  any  free 
miner's  certificate  be  accidentally  destroyed  or  lost,  the  owner 
thereof  may,  on  payment  of  the  fees  set  out  in  the  Schedule 
to  this  Act,  have  a  true  copy  of  it,  signed  by  the  Mining  Re- 
corder, or  other  person  by  whom  or  out  of  whose  office  the 
original  was  issued.  Every  such  copy  shall  be  marked  "sub- 
stituted certificate,"  and  unless  some  material  irregularity 
be  shown  in  respect  thereof,  every  original  or  substituted 
free  miner's  certificate  shall  be  evidence  of  all  matters  therein 
contained. 

PENALTY  FOR  MINING  WITHOUT— 8.  Every  person 
and  joint  stock  company  engaged  in  mining  for  minerals 
(other  than  coal)  shall  take  out  a  free  miner's  certificate,  and 
every  person  or  joint  stock  company  who  mines  or  works  as 
a  miner  in  any  mineral  claim,  mine  held  as  real  estate,  or 
tunnel,  or  in  any  flume,  drain,  or  ditch,  without  having 
taken  out  and  obtained  such  certificate,  shall,  on  conviction 
thereof  in  a  summary  way,  forfeit  and  pay  a  penalty  not  ex- 
ceeding twenty-five  dollars,  besides  costs:  Provided,  always, 
that  nothing  herein  contained  shall  prejudice  the  right  to 
collect  wages  or  payment  for  work  done  by  any  person 
who,  through  not  being  a  free  miner,  has  rendered  him- 
self liable  to  the  above  penalty. 

UNCERTIFICATED  PERSON  NOT  ENTITLED  TO  IN- 
TEREST—9.  Subject  to  the  proviso  hereinafter  stated,  no 
person  or  joint  stock  company  shall  be  recognized  as  hav- 
ing any  right  or  interest  in  or  to  any  minteral  claim,  or  any 
minerals  therein,  or  in  or  to  any  water  right,  mining  ditch, 
drain,  tunnel,  or  flume,  unless  he  or  it  shall  have  a  free 
miner's  certificate  unexpired.  And  on  the  expiration  of  a 
free  miner's  certificate  the  owner  thereof  shall  absolutely 
forfeit  all  his  rights  and  interests  in  or  to  any  mineral 
claim,  and  all  and  any  minerals  therein,  and  in  or  to  any 
and  every  water  right,  mining  ditch,  drain,  tunnel,  or  flume, 
which  may  be  held  or  claimed  by  such  owner  of  such  ex- 
pired free  miner's  certificate,  unless  such  owner  shall,  on 
or  before  the  day  following  the  expiration  of  such  cer- 
tificate, obtain  a  new  free  miner's  certificate:  Provided, 
nevertheless,  should  any  co-owner  fail  to  keep  up  his  free 
miner's  certificate,  such  failure  shall  not  cause  a  forfeiture 
or  act  as  an  abandonment  of  the  claim,  but  the  interest  of 
the  co-owner  who  shall  fail  to  keep  up  his  free  miner's 
certificate  shall  Ipso  facto,  be  and  become  vested  in  hia  co- 


A. 

any    free 
,  the  owner 

le  Schedule 
Mining  Re- 
3  office  the 
irked  "sub- 
irregularity 
substituted 
Lers  therein 


i^ery  person 
r  minerals 
ificate,  and 
>r  works  as 
1  estate,  or 
out  having 
conviction 
ilty  not  ex- 
led,  always, 
tie  right  to 
iny  person 
dered  him- 


ED  TO  IN- 

stated,  no 
ed  as  hav- 
lim,  or  any 
ning  ditch, 
ave  a  free 
*ation  of  a 

absolutely 
ly  mineral 

or  to  any 
1,  or  flume, 
)f  such  ex- 
shall,  on 

such  cer- 

Provided, 
up  his  free 
I  forfeiture 

interest  of 
ee  miner's 

in  his  00- 


MINING   LAWS  OF  BRITISH   COLUMBIA. 


'o6 


owners  pro  rata,  according  to  their  former  interests:  Pro- 
vided, nevertheless,  that  a  shareholder  in  a  joint  stock  com- 
pany need  not  be  a  free  miner,  and,  thoush  not  a  free 
miner,  shall  be  entitled  to  buy.  sell,  hold,  or  dispose  of  any 
shares  therein:  And  provided,  also,  that  this  section  shall 
not  apply  to  mineral  claims  for  which  a  Crown  grant  has 
been  issued:  Provided,  always,  that  if  any  person  or  com- 
pany shall  acquire,  by  purchase  or  otherwise,  any  mine  or 
mineral  claim,  or  interest  therein,  and  it  shall  appear  that 
some  person  or  company  through  whom  he  or  it  claims 
title  has  neglected  to  take  out  or  keep  up  a  free  miner's 
certificate,  according  to  the  provisions  of  this  Act.  such 
person  or  company  so  acquiring  such  mine  or  mineral 
claim,  or  interest  therein,  may,  within  one  month  from  the 
time  when  he  or  it  shall  first  acquire  kno\v ledge  thereof,  or 
if  knowledge  already  acquired  within  one  month  after  this 
Act  becomes  law  pay  to  the  Recordr  of  the  Mining  Divis- 
ion in  which  the  claim  affected  is  ^m  '  the  fee  or  fees 
which  ought  to  have  been  paid  by  sucii  p«  i  so]  or  (ompany 
in  default  as  aforesaid,  and  thereupon  the  tilU  of  such  per- 
son or  company  so  acquiring  the  said  mine  r  minei  il 
claim,  or  interest  therein,  shall  be  deemed  to  be  and  always 
to  have  been  as  good  and  effectual  as  if  no  such  default  hail 
occurred,  but  this  last  proviso  shall  not  affect  litig.  lion 
pending  at  the  passage  of  this  act. 

LICENSE  FOR  EMPLOYEES,  AND  LIST— 10.  Bverv 
owner  of  a  mine  or  mineral  claim,  and  every  contractor  f- 
the  performance  of  any  work  upon  a  mine  or  mineral  clu.iU, 
shall  pay  the  annual  fee  for  a  free  miner's  license  for  any 
person  in  their  employment  and  liable  for  the  fee,  and  may 
deduct  the  amount  so  paid  on  account  of  such  person  from 
the  amount  of  salary  or  wages  due  or  to  become  due  to 
him  from  such  f,.'ployer  upon  production  and  delivery  of 
the  receipt  for  such  tax  to  such  person.  Every  such  owner 
or  contractor  shall  furnish  to  the  Mining  Recorder  or  Col- 
lector, when  requested  by  him  so  to  do,  from  time  to  time, 
a  list  of  all  persons  ia  his  employ,  or  indirectly  employed 
by  him,  liable  to  pay  the  said  license  fee;  but  no  such  state- 
ment shall  bind  the  Recorder  or  Collector  or  excuse  him 
from  making  due  enquiry  to  ascertain  its  correctness. 

PENALTY— 11.  If  any  person  fails  to  pay  the  said 
license  fee  for  his  employees,  or  to  deliver  to  the  Recorder 
or  Collector  the  list  mentioned    in   the   preceding   section 


■¥ 


jr.    . 

I 


56 


MINIMG   l^AWS  OF  BRITISH  COLUMBIA. 


W'' 


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when  required  to  do  so,  or  knowingly  states  anything  false- 
ly in  such  list,  such  person  shall  he  liable  to  a  penalty  not 
exceeding  one  hundred  dollars,  to  be  recovered,  together 
with  the  amount  of  the  unpaid  license  fees,  upon  summary 
conviction  before  one  Justice  of  the  Peace. 

FREE  MINER  MAY  PROSPECT— 12.  Every  free 
miner  shall,  during  the  continuance  of  his  certificate,  but 
not  longer,  have  the  right  to  enter,  locate,  prospect,  and 
mine  upon  any  waste  lands  of  the  Crown  for  all  minerals 
other  than  coal,  and  upon  all  lands  the  right  whereon  to  so 
enter  upon,  prospect,  and  mine  all  minerals  other  than  coal 
shall  have  been,  or  hereafter  shall  be,  reserved  to  the  Crown 
and  its  licensees,  and  also  to  enter,  locate,  prospect,  and 
mine  for  gold  and  silver  upon  any  lands  the  right  whereon 
to  so  enter  and  mine  such  gold  and  silver  shall  have  been, 
or  shall  be,  reserved  to  the  Crown  and  its  licensees.  Ex- 
cepting out  of  all  the  above  description  of  lands  any  land 
occupied  by  any  building,  and  any  land  falling  within  the 
curtilage  of  any  dwelling  house,  and  any  orchard,  and  any 
land  for  the  time  being  actually  under  cultivation  and  any 
land  lawfully  occupied  for  mining  purposes  other  than 
placer  mining,  and  also  Indian  reservations  and  military 
or  naval  reservations:  Provided  that  where  any  hydraulic 
mining  works,  established  in  accordance  with  the  "Placer 
Mining  Act,  1891,"  have  been  in  operation,  the  land  which 
may  have  been  uncovered  by  the  operation  of  such  works 
shall  not  be  located  or  mined  upon  by  any  free  miner  other 
than  the  person  or  persons  carrying  on  such  hydraulic 
works  for  a  space  of  six  months  next  after  the  same  shall 
have  been  so  uncovered:  Provided  that  in  the  event  of 
such  entry  being  made  upon  lands  already  lawfully  occu- 
pied for  other  than  mining  purposes,  and  not  being  a  por- 
tion of  lands  granted  to  ana  held  bj""  or  for  a  railway  com- 
pany under  any  railway  subsidy  Act  heretofore  or  to  be 
hereafter  passed,  such  free  miner,  previously  to  such  entry, 
shall  give  adequate  security  to  the  satisfaction  of  the  Gold 
Commissioner  or  Mining  Recorder  for  any  loss  or  damages 
which  may  be  caused  by  such  entry;  and  provided  that, 
after  such  entry,  he  shall  make  full  compensation  to  the 
occupant  or  owner  of  such  lands  for  any  loss  or  damages 
which  may  be  caused  by  reason  of  such  entry;  such  com- 
pensation, in  case  of  dispute,  to  be  determined  by  the  court 
having  jurisdiction  in  mining  disputes,  with  or  without  a 
^ury. 


MINING    LAWS   OF    BRlTiSH    COl.UMBlA. 


I? 


GAME — 13.  Any  free  miner  shall  be  at  liberty,  at  any 
period  of  the  year,  while  actually  prospecting  or  engaged 
ill  mining,  to  kill  game  for  his  own  use. 

"PLACER  MINING  ACT"— 14.  A  free  miner  shall  have 
all  the  rights  and  privileges  granted  to  free  miners  by  the 
"Placer  Mining  Act." 

SIZE  AND  FORM  OF  CLAIM— 15.  Any  free  miner  de- 
siring to  locate  a  mineral  claim,  shall,  subject  to  the  pro- 
visions of  this  Act  with  respect  to  land  which  may  be  used 
for  mining,  enter  upon  the  same  and  locate  a  plot  of  ground 
measuring,  where  possible  but  not  exceeding,  fifteen  hund- 
red feet  in  length  by  fifteen  hundred  feet  in  breadth,  in  as 
nearly  as  possible  a  rectangular  form,  that  is  to  say:  All 
angles  shall  be  right  angles,  except  in  cases  where  a  boun- 
dary line  of  a  previously  surveyed  claim  is  adopted  as  com- 
mon to  both  claims,  but  the  lines  need  not  necessarily  be 
meridional.  In  defining  the  size  of  a  mineral  claim,  it  shall 
be  measured  horizontally,  irrespective  of  inequalities  of  the 
surface  of  the  ground. 

HOW  TO  STAKE— 16.  A  mineral  claim  shall  be 
marked  by  two  legal  posts,  placed  as  near  as  possible  on  the 
line  of  the  ledge  or  vein,  and  the  posts  shall  be  numbered  1 
and  2,  and  the  distance  between  posts  1  and  2  shall  not  ex- 
ceed fifteen  hundred  feet,  the  line  between  posts  Nos.  1  and 
2  to  be  known  as  the  location  line,  and  upon  posts  Nos.  1  and 
2  shall  be  written  the  name  given  to  the  mineral  claim, 
the  name  of  the  locator,  and  the  date  of  the  location.  Upon 
No.  1  post  there  shall  be  written,  in  addition  to  the  forego- 
ing, "Initial  Post,"  the  approximate  compass  bearing  of  No. 
2  post,  and  a  statement  of  the  number  of  feet  lying  to  the 
right  and  to  the  left  of  the  line  from  No.  1  to  No.  2  post 

thus:       "Initial  post.     Direction  to  post  No.  2,   

feet  of  this  claim  lie  on  the  right,  and  feet  on  the 

left  of  the  line  from  No.  1  to  No.  2  post." 

All  the  particulars  required  to  be  put  on  No.  1  and  No. 
2  posts  shall  be  furnished  by  the  locator  to  the  Mining 
Recorder,  in  writing,  at  the  time  the  claim  is  recorded, 
and  shall  form  a  part  of  the  record  of  such  claim. 

When  a  claim  has  been  located,  the  holder  shall  im- 
mediately mark  the  line  between  posts  Nos.  1  and  2  so  that 
it  ckn  be  distinctly  seen;  in  a  timbered  locality,  by  blaz- 
ing trees  and  cutting  underbrush,  and  in  a  locality  where 
there  Is  neither  timber  nor  underbrush  he  shall  set  legal 


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MINING  LAWS  OP  BUVnsn   COLUMBIA. 


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posts  or  erect  monuments  of  earth  or  rock  not  less  than 
two  feet  high  and  two  feet  in  diameter  at  base,  so  that 
such  line  can  be  distinctly  seen. 

The  locator  shall  also  place  a  legal  post  at  the  point 
where  he  has  discovered  rock  in  place,  on  which  shall  be 
written  "Discovery  Post:"  Provided  that  when  the  claim 
is  surveyed,  the  surveyor  shall  be  guided  entirely  by  posts 
1  and  2  and  the  notice  of  No.  1,  the  initial  post,  and  the 
records  of  the  claim. 

•It  shall  not  be  lawful  to  move  No.  1  post,  neither  shall 
it  be  lawful  to  move  No.  2  post,  except  for  the  correction 
of  distance  by  the  Provincial  Government  Surveyor.  Nos. 
1  and  2  posts  shall  govern  the  direction  of  one  side  of  the 
claim. 

(a.)  The  holder  of  a  mineral  claim  shall  be  entitled 
to  all  minerals  which  may  lie  within  his  claim,  but  he  shall 
not  be  entitled  to  mine  outside  the  boundary  lines  of  his 
claim  continued  vertically  downwards: 

(b.)  This  Act  shall  not  prejudice  the  rights  of  claim- 
owners  nor  claim-holders  whose  claims  have  been  located 
under  former  Acts: 

(c.)  No  mineral  claim  of  the  full  size  shall  be  recorded 
without  the  application  being  accompanied  by  an  affidavit 
or  solemn  declaration  in  the  Form  S,  made  by  the  appli- 
cant or  some  person  on  his  behalf  cognizant  of  the  facts: 
That  ^he  legal  notices  and  posts  have  been  put  up;  that 
minerai  has  been  found  in  place  on  the  claim  proposed  to 
be  recorded;  that  the  ground  applied  for  is  unoccupied  by 
any  other  person  as  a  mineral  claim,  and  is  not  occupied 
by  any  building,  or  any  land  falling  within  the  curtilage 
of  any  dwelling-house,  or  any  orchard,  or  nny  land  under 
cultivation  of  any  Indian  reservation.  In  the  said  declar- 
ation shall  be  set  out  the  name  of  the  applicant,  the  num- 
ber and  date  of  his  free  miner's  certificate,  and  the  name 
of  the  place  where  the  said  certificate  was  issued,  and  the 
date  of  the  location  of  the  claim.  The  words  written  on 
the  No.  1  and  No.  2  posts  shall  be  set  out  in  full,  and  as 
accurate  a  description  as  possible  of  the  position  of  the 
claim  given,  having  special  reference  to  any  prior  locations 
which  it  may  join: 

No  mineral  claim  which  at  the  date  of  its  record  is 
known  by  the  locator  to  be  less  than  a  full  sized  mineral 
claim,  shall  be  recorded  without  the  word  "fraction"  being 
added  to  the  name  of  the  claim,  and  the  application  being 


MINING   LAWS   OF   BRITISH   COLUMBIA. 


accompanied  by  an  affidavit  or  solemn  declaration  in  the 
Form  T,  made  by  the  applicant  or  some  person  on  his  be- 
half cognizant  of  the  facts:  That  the  legal  posts  and 
notices  have  been  put  up;  that  mineral  has  been  found  In 
place  on  the  fractional  claim  proposed  to  be  recorded;  that 
the  ground  applied  for  is  unoccupied  by  any  other  person 
as  a  mineral  claim,  and  is  not  occupied  by  any  building,  or 
any  land  falling  within  the  curtilage  of  any  dwelling-house, 
or  any  orchard,  or  any  land  under  cultivation,  or  any 
Indian  Reservation.  In  the  said  declaration  shall  be  set 
out  the  name  of  the  applicant,  the  number  and  date  of  his 
free  miner's  certificate,  and  the  name  of  the  place  where 
the  said  certificate  was  issued,  and  the  date  of  the  location 
of  the  claim.  The  words  written  on  the  No.  1  and  No.  2 
posts  shall  be  set  out  in  full,  and  as  accurate  a  description 
as  possible  of  the  position  of  the  claim  given.  A  descrip- 
tion of  the  land  bounding  the  fractional  claim  on  all  sides 
shall  state  whether  it  is  vacant  Crown  land  or  land  occu- 
pied by  mineral  claims,  with  the  names  of  the  claims.  A 
sketch  plan  shall  be  drawn  by  the  applicant  on  the  back 
of  declaration,  showing  as  near  as  may  be  the  position 
of  the  adjoining  mineral  claims,  and  the  shape  and  size, 
expressed  in  feet,  of  the  fraction  desired  to  be  recorded: 

(d.)  Provided  that  the  failure  on  the  part  of  the  loca- 
tor of  a  mineral  claim  to  comply  with  any  of  the  foregoing 
provisions  of  this  section  shall  not  be  deemed  to  invalidate 
such  location,  if  upon  the  facts  it  shall  appear  that  such 
locator  has  actually  discovered  mineral  in  place  on  said 
location,  and  that  there  has  been  on  his  part  a  bona 
fide  attempt  to  comply  with  the  provisions  of  this  Act, 
and  that  the  non-observance  of  the  formalities  hereinbefore 
referred  to  is  not  of  a  character  calculated  to  mislead  other 
persons  desiring  to  locate  claims  in  the  vicinity. 

SUNDAY — 17.  Any  location  made  upon  Sunday  or  any 
public  holiday  shall  not  for  that  reason  be  invalid,  any  law 
or  statute  to  the  contrary  notwithstanding. 

STAKING  OUT— 18.  In  cases  where,  from  the  nature 
or  shape  of  the  ground,  it  is  impossible  to  mark  the  loca- 
tion line  of  the  claim,  as  provided  by  this  act,  then  the  claim 
may  be  marked  by  placing  legal  posts  as  nearly  as  possible 
to  the  location  line,  and  noting  the  distance  and  direction 
such  posts  may  be  from  such  location  line,  which  distance 
and  direction  shall  be  set  out  in  the  record  of  the  claim. 


*^'X 


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MINING  1.AWB   OF   BRITISH   COLUMBIA. 


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RECORD— 19.  Every  free  miner  locating  a  mineral 
claim  shall  record  the  same  with  the  Mining  Recorder  of 
the  district  within  which  the  same  is  situate,  withn  fifteen 
days  after  the  location  thereof,  if  located  within  ten  miles 
of  the  oflace  of  the  said  Mining  Recorder.  One  additional  day 
shall  he  allowed  for  such  record  for  every  additional  ten 
miles  or  fraction  thereof.  Such  record  shall  be  made  in  a 
book  to  be  kept  for  the  purpose  in  the  office  of  the  said 
Mining  Recorder,  in  which  shall  be  inserted  the  name  of 
the  claim,  the  name  of  each  locator,  the  number  of  each 
locator's  free  miner's  certificate,  the  locality  of  the  mine, 
the  direction  of  the  location  line,  the  length  in  feet,  the 
date  of  location,  and  the  date  of  the  record.  Such  record 
shall  be,  as  near  as  may  be  possible,  in  the  form  B  in  the 
Schedule  to  this  Act,  and  a  certified  copy  thereof  shall  be 
given  by  the  Mining  Recorder  to  the  free  miner  or  his 
agent.  A  claim  which  shall  not  have  been  recorded  within 
the  prescribed  period  shall  be  deemed  to  have  been  aban- 
doned. 

WHEN  A  FREE  MINER  ENTITLED  TO  RECORD— 
20.  A  free  miner  shall  not  be  entitled  to  a  record  of  a  min- 
eral claim  until  he  shall  have  furnished  the  said  Mining 
Recorder  with  all  the  above  particulars. 

RECORDER'S  OFFICE— 21.  Upon  the  establishment 
of  a  mining  division  and  the  opening  of  a  Mining  Record- 
er's Office  therein,  under  the  authority  of  this  Act,  such 
office  and  none  other  shall  be  the  proper  office  for  record- 
ing all  mineral  claims  within  such  mining  division,  and 
making  all  records  in  respect  thereof. 

RECORDING  CLAIM  IN  WRONG  DISTRICT— 22.  If 
through  ignorance  any  free  miner  shall  record  a  mineral 
claim  in  a  different  mining  division  to  that  in  whch  such 
claim  is  situate,  such  error  shall  not  affect  his  title  to  such 
claim,  but  he  shall,  within  fifteen  days  from  the  discovery 
of  his  error,  record  such  claim  in  the  mining  division  in 
which  it  is  stuate,  and  such  new  record  shall  bear  the  date 
of  the  first  record,  and  a  note  shall  be  made  thereon  of  the 
error  and  of  the  date  of  the  rectification  of  the  same. 

ABSENCE  OF  RECORDER— 23.  If  a  free  miner  ap- 
plies at  the  Mining  Recorder's  Office  during  his  absence  to 
record  a  mineral  claim,  or  any  document  or  other  mat- 
ter required  by  this  Act  to  be  recorded,  and  leaves  the 
fee  required  by  this  Act,  and  the  particulars  and  information 


MINING   L.AWS   OF   BKITISH   COLUMBIA. 


•1 


mineral 

order  of 

n  fifteen 

en  miles 

nal  day 

onal  ten 

ade  in  a 

the  said 

name  of 

of  each 

he  mine, 

feet,  the 

3h  record 

B  in,  the 

shall  be 

5r  or  his 

ed  within 

Jen  aban- 

ECORD— 
of  a  min- 
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blishment 
?  Record- 
Act,  such 
)r  record- 
sion,   and 

r— 22.  If 
I  mineral 
hch  such 
e  to  such 
discovery 
vision  in 
the  date 
on  of  the 
me. 

Qiner  ap- 
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tier  mat- 
ives  the 
ormation 


required  to  enable  the  Mining  Recorder  to  make  such 
record,  with  the  ofHcer  or  other  person  in  charge  of  said 
office,  he  shall  be  entitled  to  have  such  record  dated  on 
the  date  of  such  application. 

DURATION  OF  CLAIM— 24.  Any  free  miner  having 
duly  located  and  recorded  a  mineral  claim  shall  be  entitled 
to  hold  the  same  for  a  period  of  one  year  from  the  recording 
of  the  same,  and  thence  from  year  to  year  without  the  ne- 
cessity of  re-recording:  Provided,  however,  that  during 
each  year  and  each  succeeding  year,  such  free  miner  shall 
do,  or  cause  to  be  done,  work  on  the  claim  itself  to  the  value 
of  one  hundred  dollar**.,  and  shall  satisfy  the  Gold  Com- 
missioner or  Mining  Recorder  that  such  work  has  been 
done,  by  an  affidavit  of  the  free  miner  or  his  agent,  setting 
out  a  detailed  statement  of  such  work,  and  shall  obtain 
from  such  Gold  Commissioner  or  Mining  Recorder,  and 
shall  record  a  certificate  of  such  work  having  been  done: 
Provided,  also,  that  all  work  done  outside  of  a  mineral 
claim  with  intent  to  work  the  same  shall,  if  such  work 
have  direct  relation  and  be  in  direct  proximity  to  the 
claim,  be  deemed,  if  to  the  satisfaction  of  the  Gold  Com- 
missioner or  Mining  Recorder,  for  the  purposes  of  this 
section,  to  be  work  done  on  the  claim:  Provided,  further, 
that  any  free  miner,  or  company  of  free  miners  holding 
adjoining  mineral  claims,  or  any  two  or  more  free  miners 
who  locate  and  record  adjoining  mineral  claims,  to  be 
worked  by  them  in  partnership  under  the  provisions  of  any 
Act  for  the  time  being  in  force,  shall,  subject  to  filing  a 
notice  of  their  intention  with  the  Gold  Commissioner  or 
Mining  Recorder,  be  allowed  to  perform  on  any  one  or 
more  of  such  claims  all  the  work  required  to  entitle  him 
or  them  to  a  certificate  for  work  for  each  claini  so  held 
by  him  or  them.  If  such  work  shall  not  be  done,  or  if  such 
certificate  shall  not  be  so  obtained  and  recorded,  in  each 
and  every  year,  the  claim  shall  be  deemed  vacant  and 
abandoned,  any  rule  of  law  or  equity  to  the  contrary  not- 
withstanding. 

PAYMENT  INSTEAD  OF  ASSESSMENT— 25.  The 
holder  of  a  mineral  claim  may,  in  lieu  of  the  work  re- 
quired to  be  done  by  section  24  of  this  Act,  on  a  claim 
in  each  year,  pay  to  the  Mining  Recorder  in  whose  office  the 
claim  is  recorded  the  sum  of  one  hundred  dollars  and  re- 
ceive from  such  Recorder  and  record  a  receipt  for  such 


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■  '■  'Hi 


62 


MINING  LAWS   OF  BRITISH  COLUMBIA. 


h'^:'^V 


payment.  Such  payment  and  the  record  thereof  in  any 
year  shall  relieve  the  person  making  it  from  the  necessity 
of  doing  any  work  during  the  year  in  and  for  which  and 
upon  the  claim  in  respect  of  which  such  payment  is  re- 
corded. 

SURFACE  RIGHTS— 26.  The  owner  of  a  mineral 
claim  shall  be  entitled  to  all  surface  rights,  including  the 
use  of  all  the  timber  thereon  for  mining  or  building  pur- 
poses in  connection  with  the  working  of  said  claim,  so 
long  as  he  holds  the  said  claim  for  the  purpose  of  devel- 
oping the  minerals  contained  therein,  but  no  longer. 

PRIORITY  OF  LOCATION— 27.  In  case  of  any  dispute 
as  to  the  location  of  a  mineral  claim  the  title  to  the  claim 
shall  be  recognized  according  to  the  priority  of  such  loca- 
tion, subject  to  any  question  as  to  the  validity  of  the  record 
itself,  and  subject,  further,  to  the  free  miner  having  com- 
plied wih  all  the  terms  and  conditions  of  this  Act. 

IRREGULARITIES  PREVIOUS  TO  LAST  CERTIFI- 
CATE OF  TITLE— 28.  Upon  any  dispute  as  to  the  title 
to  any  mineral  claim  no  irregularity  happening  previous  to 
the  date  of  the  record  of  the  last  certificate  o*  work  shall 
affect  the  title  thereto,  and  it  shall  be  assumed  that  up  to 
that  date  the  title  to  such  claim  was  perfect,  except  upon 
suit  by  the  Attorney-General  based  upon  fraud. 

ONLY  ONE  CLAIM  HELD  BY  FREE  MINER— 
29.  No  free  miner  shall  be  entitled  to  hold  in  his  own 
name,  or  in  the  name  of  any  other  person,  more  than  one 
mineral  claim  on  the  same  vein  or  lode,  except  by  pur- 
chase, but  such  free  miner  may  hold  by  location  a  claim 
upon  any  separate  vein  or  lode. 

ABANDONMENT— 30.  A  free  miner  may  at  any  time 
abandon  any  mineral  claim  by  giving  notice  in  writing  of 
such  intention  to  abandon  to  the  Mining  Recorder,  and 
from  the  date  of  such  notice  all  interest  of  such  free  miner 
in  such  claim  shall  cease. 

MACHINERY  ON— 31.  When  a  free  miner  abandons  a 
mineral  claim  he  shall  have  the  right  to  take  from  the  same 
any  machinery  and  any  personal  property  which  he  may 
have  placed  on  the  claim,  and  any  ore  which  he  may  have 
extracted  therefrom,  within  such  time  as  shall  be  fixed  by 
the  Gold  Commissioner  or  Mining  Recorder. 


MINING  LAWS   OP^   BRITISH   CoLUMlilA. 


fl-. 


in  any 
ecessity 
Lich  and 
t  is  re- 
mineral 
ling  the 
ing  pur- 
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f  devel- 
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dispute 
he  claim 
ich  loca- 
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ng  com- 

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ERTIPI- 
the  title 
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3rk  shall 
lat  up  to 
ept  upon 

*IINER— 

his  own 

than  one 

by  pur- 

a  claim 


any  time 
Titing  of 
der,  and 
ee  miner 

andons  a 
the  same 

he  may 
Qay  have 

fixed  by 


RE-LOCATION  Oip^— 32.  No  free  miner  shall  be  enti- 
tled to  re-locate  any  mineral  claim,  or  any  portion  thereof, 
which  he  shall  have  failed  to  record  within  the  prescribed 
period,  or  which  he  shall  have  abundoned  or  forfeited,  un- 
less he  shall  have  obtained  the  written  permission  of  the 
Gold  Commissioner  to  make  such  relocation;  and  he  shall 
hold  no  interest  in  any  portion  of  such  mineral  claim,  by 
location,  without  such  permission. 

RIGHT  TO  LODES  DISCOVERED  IN  A  TUNNEL— 
33.  Where  a  tunnel  is  run  for  the  development  of  a  vein 
or  lode  the  owner  of  such  tunnel  shall,  in  addition  to  any 
mineral  claim  legally  held  by  him,  have  the  right  to  all 
veins  or  lodes  discovered  in  such  tunnel:  Provided  that  the 
ground  containing  such  veins  or  lodes  be  marked  out  by  him 
as  a  mineral  claim,  and  be  duly  recorded  within  fifteen  days 
after  such  discovery;  and  provided  further,  that  such  veins 
or  lodes  are  not  included  in  any  exsisting  mineral  claim. 
Any  money  or  labor  expended  in  constructing  a  tunnel  to  de- 
velop a  vein  or  lode  shall  be  deemed  to  have  been  expended 
on  such  vein  or  lode. 

INTEREST  IN  CLAIM— 34.  The  interest  of  a  free 
miner  in  his  mineral  claim  shall,  save  as  to  claims  held  as 
real  estate,  be  deemed  to  be  a  chattel  interest,  equivalent  to 
a  lease,  for  one  year,  and  thence  from  year  to  year,  subject 
to  the  performance  and  observance  of  all  the  terms  and 
conditions  of  this  act. 

PURCHASE  OF— 35.  Any  lawful  holder  of  a  mineral 
claim  shall  be  entitled  to  a  Crown  grant  thereof  on  payment 
to  the  Government  of  British  Columbia  of  the  sum  of  five 
hundred  dollars  in  lieu  of  expenditure  on  the  claim.  The  in- 
tending purchaser  shall  comply  with  all  the  provisions  of 
section  36  of  this  Act,  except  such  as  have  respect  solely  to 
the  work  required  to  be  done  on  claims. 

WHO  ENTITLED  TO  CERTIFICATE  OF  IMPROVE- 
MENTS— 36.  Whenever  the  lawful  holder  of  a  mineral  claim 
shall  have  complied  with  the  following  requirements,  to  the 
satisfaction  of  the  Gold  Commissioner,  he  shall  be  entitled 
to  receive  from  the  Gold  Commissioner  a  certificate  of  im- 
provements in  respect  of  such  claim,  unless  proceedings  by 
the  person  claiming  an  adverse  right  under  section  37  of  this 
Act  have  been  taken: 

(a.)  Done  or  caused  to  be  done  work  on  the  claim  itself 
in  developing  a  mine  to  the  value  of  five  hundred  dollars, 


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MINING    LAWS  OF   BRITISH  COLUMBIA. 


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exclusive  of  all  houses,  buildings  and  other  like  improve- 
ments. For  the  purpose  of  this  section  work  done  on  the 
claim  by  a  predecessor  or  predecessors  in  title  shall  be 
deemed  to  have  been  done  by  the  applicant  who  receives  a 
transfer  of  such  claim;  but  in  no  case  shall  the  coat  o'  sur- 
veying be  considered  as  improvements  or  work  done  ou  the 
claim: 

(b.)  Found  a  vein  or  lode  within  the  limits  of  such 
claim: 

(c.)  Had  the  claim  surveyed  by  an  authorized  Pro- 
vincial Land  Surveyor,  who  shall  have  made  three  plats  of 
the  claim,  and  who  shall  have  accurately  defined  and  marked 
the  boundaries  of  such  claim  upon  the  ground,  and  indicated 
the  corners  by  placing  monuments  or  legal  posts  at  the  a.j^les 
thereof,  and  upon  such  monuments  or  posts  snail  be  in^.'-red 
by  him  the  name  and  the  official  designation  of  the  ciaim, 
and  the  corner  represented  thereby,  and  who  shall  have,  on 
completion  of  survey,  forwarded  at  once  the  original  field- 
notes  and  plan  direct  to  the  Lands  and  Works  Department. 
After  a  certificate  of  improvements  has  issued  in  respect  of 
any  claim  so  surveyed,  prima  facie  evidence  of  its  location 
upon  the  ground  may  be  given  by  any  person  who  has  seen 
and  can  describe  the  positions  of  such  posts  purporting  to  be 
so  marked  as  aforesaid,  and  the  said  field-notes,  or  a  copy 
thereof  certified  in  accordance  with  the  "Evidence  Act," 
shall  be  received  in  all  courts  as  prima  facie  evidence  of  the 
facts  which  they  purport  to  set  forth: 

(d.)  Shall  have  posted  on  some  conspicuous  part  of  the 
land  embraced  in  the  survey  a  copy  of  the  plat  of  ;.he  claim, 
and  a  legible  notice  in  writing,  in  form  F  of  the  schedule  to 
this  Act,  of  his  intention  to  apply  for  a  certificate  of  im- 
provements, and  shall  also  have  posted  a  similar  notice  in 
the  Mining  Recorder's  office,  and  such  notice  shall  contain — 

(1.)    The  name  of  the  claim; 

(2.)    The  name  of  the  lawful  holder  thereof; 

(3.)  The  number  of  such  holder's  existing  free  miner's 
certificate. 

(4.)  His  intention  to  apply  for  certificate  of  improve- 
ments at  the  end  of  sixty  days,  for  the  purpose  of  obtaining 
a  Crown  grant; 

(5.)    The  date  of  the  notice: 

(e.)  Inserted  a  copy  of  such  notice  in  the  British  Colum- 
bia Gazette  and  in  any  newspaper  published  in  the  Province, 
and  circulating  in  the  district  in  which  the  claim  is  situate, 
for  at  least  sixty  days  prior  to  such  application,  which  inser- 


MINING  LAWti   OF   BRITISH   COLUMBIA. 


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tlon  can  be  made  at  any  time  after  the  posting  of  tlie  notice 
on  the  claim: 

(f.)  Shall  have  filed  with  the  Mining  Recorder  a  copy  of 
the  surveyor's  original  field-notes  and  plat  immediately  after 
posting  the  notice  on  the  claim  of  his  intention  to  apply  for  a 
certificate  of  improvements: 

(g.)    Filed  with  the  Mining  Recorder — 

(1.)  An  affidavit  of  the  holder  of  the  claim,  or  his  agent, 
in  the  Form  G  in  Schedule  of  this  Act. 

(h.)  At  the  expiration  of  the  term  of  the  said  publication, 
provided  no  action  shall  have  been  commenced  and  notice 
thereof  filed  with  the  Mining  Recorder,  he  shall  forward  to 
the  owner  or  agent,  under  Form  I  of  the  Schedule  to  this  Act, 
the  documents  referred  to  above,  together  with  a  certificate 
that  the  notice  provided  by  section  36,  sub-section  (d),  has 
been  posted  in  his  office,  and  the  field-notes  and  plan  de- 
posited for  reference  therein  from  the  date  of  the  first  ap- 
pearance of  the  said  notice  in  the  British  Columbia  Gazette 
and  continuously  therefrom  for  a  period  of  at  least  sixty 
days.  The  Recorder  shall  also  set  out  in  Form  I  the  name 
of  the  recorded  owner  of  the  claim  at  the  date  of  signing  the 
same. 

CERTIFICATE  NOT  IMPEACHED  WHEN— 37.  (1.)  A 
certificate  of  improvements  when  issued  as  aforesaid  shall 
not  be  impeached  in  any  court  on  any  ground  except  that  of 
fraud. 

(2.)  In  case  any  person  shall  claim  an  adverse  right  of 
nny  kind,  either  to  possession  of  the  mineral  claim  referred 
to  in  the  application  for  certificate  of  improvements  or  any 
part  thereof,  or  to  the  minerals  contained  therein,  he  shall, 
within  sixty  days  after  the  publication  in  the  British  Colum- 
bia Gazette  of  the  notice  referred  to  in  section  36  hereof 
(unless  such  time  shall  be  extended  by  special  order  of  the 
court  upon  cause  being  shown),  commence  an  action  in  the 
Supreme  Court  of  British  Columbia  to  determine  the  question 
of  the  right  of  possession  or  otherwise  enforce  his  said  claim, 
and  shall  file  a  copy  of  the  writ  in  said  action  with  the  Min- 
ing Recorder  of  the  district  or  mining  division  in  which  the 
said  claim  is  situate  within  twenty  days  from  the  commence- 
ment of  said  action,  and  shall  prosecute  the  said  suit  with 
reasonable  diligence  to  final  judgment,  and  a  failure  to  so 
commence  or  so  to  prosecute  shall  be  deemed  to  be  a  waiver 
of  the  plaintiff's  claim.  After  final  judgment  shall  have  been 
rendered  in  the  said  action  the  person  or  any  one  of  the  per- 
sons entitled  to  the  possession  of  the  claim  or  any  part  there- 


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of,  may  file  a  certified  copy  of  the  same  in  the  office  of  the 
Mining  Recorder.  Alter  the  filing  of  the  said  judgment,  and 
upon  compliance  with  all  the  requirements  of  the  next  pre- 
ceding section,  such  person  or  persons  shall  be  entitled  to  the 
issue  to  him  or  to  them  of  a  certificate  of  improvements  in 
respect  of  the  claim  or  the  portion  thereof  which  he  or  they 
shall  appear  from  the  decision  of  the  court  rightly  to  pos- 
sess: Provided  that  this  section  shall  not  apply  to  any  ad- 
verse claim  filed  or  action  to  enforce  the  same  commenced 
prior  to  the  date  of  this  Act  coming  into  force,  but  the  same 
shah  be  continued  in  the  same  manner  as  if  this  Act  had  not 
been  passed. 

CERTIFICATE  OF  IMPROVEMENTS— 38.  After  the 
Issuing  and  recording  of  such  certificate  of  improvements, 
and  wnile  such  certificate  shall  be  in  force  it  shall  net  be 
necessary  to  do  any  work  on  such  claim. 

WHEN  ENTITLED  TO  GRANT— 39.  On  the  granting 
and  recording  of  such  certificate  of  improvements  in  respect 
to  a  mineral  claim  situate  outside  of  the  Railway  Belt,  the 
holder  thereof  shall  be  entitled  to  a  Crown  grant  of  such 
claim  without  the  payment  of  five  hundred  dollars  required 
by  section  35.  And  on  the  granting  and  recording  of  such 
certificate  of  imnrovements  in  respect  of  a  mineral  claim 
situate  inside  the  Railway  Belt,  the  holder  thereof  shall  be 
entitled  to  a  Crown  grant  of  such  claim  on  the  payment  of 
five  dollars  per  acre  to  the  Mining  Recorder. 

APPLICATION  FOR  GRANT— 40.  The  holder  of  a 
mineral  claim  for  which  a  certificate  of  improvements  has 
been  granted  and  recorded  shall  make  application  for  a 
Crown  grant  to  the  Gold  Commissioner,  enclosing  his  certi- 
ficate of  improvements,  the  Crown  grant  fee  of  five  dollars, 
the  Ltining  Recorder's  Certificate,  Form  I,  the  field-notes  and 
plat,  and  the  affidavit,  Form  G,  within  three  months  from 
the  date  of  such  certificate  of  improvements,  and  in  default  oi 
such  application  having  been  made  within  such  time  sucli 
certificate  of  improvements  shall  lapse  and  become  absolutely 
void. 

TRANSFER  AFTER  APPLICATION— 41.  If  the  hold 
er  of  a  mineral  claim,  after  applying  for  a  certificate  of  im- 
provements, shall  sell  and  transfer  such  claim  to  another  free 
miner,  upon  satisfactory  proof  of  such  sale  and  transfer  being 
made  to  the  tiold  Commissioner,  the  new  holder  of  the  claim 
shall  be  entitled  to  a  ceitificate  of  improvements  In  his  own 


MINING   LAWS  OF    BRITISH   COLUMBIA. 


07 


name.  And  if  a  sale  and  transfer  shall  be  made  to  any  per- 
son or  company  after  a  certificate  of  improvements  shall 
have  been  issued,  upon  proper  proof  of  such  sale  and  transfer 
being  made  to  the  satisfaction  of  the  Chief  Commissioner  of 
Lands  and  Works,  the  Crown  grant  shall  issue  to  the  new 
holder  of  the  claim. 

WHEN  NOT  TO  TRANSFER— 42.  V/hen  a  holder  of  A 
mineral  claim  has  taken  out  his  certificate  of  improvements 
he  shall  not  record  any  transfer  of  his  rights  in  the  said 
rlaim  until  he  obtains  his  Crown  grant. 

LIEN — 43.  The  issuance  of  a  Crown  grant  shall  not  in- 
validate any  lien  which  may  have  attached  to  any  mineral 
olaim  previous  to  the  issuance  of  such  Crown  grant. 

WHAT  PASSES  BY  GRANT  ON  WASTE  LAND— 44.  A 
Crown  grant  of  a  mineral  claim  located  on  any  waste  lands 
of  the  Crown  shall  be  deemed  to  transfer  and  pass  the  right 
to  all  minerals  within  the  meaning  of  this  Act  (excepting 
coal)  found  in  veins,  lodes,  or  rock  in  place,  and  whether 
such  minerals  are  found  separately  or  in  combination  with 
each  other,  in,  upon,  or  under  the  land  in  the  said  Crown  grant 
mentioned. 

WHAT  PASSES  BY  GRANT  WHEN  ALL  MINERALS 
(SAVE  COAL)  HAVE  BEEN  RBSERVBD~-45.  Crown 
grants  of  mineral  claims  located  on  lawfully  occupied  lands, 
the  right  whereon  to  enter,  prospect,  and  mine  all  minerals 
fother  than  coal)  has  been  reserved  to  the  Crown  and  its 
licensees,  shall  pass  to  the  grantee  all  minerals  within  the 
meaning  of  this  Act  (other  than  coal)  found  in  veins,  or  lodes, 
or  rock  in  place,  and  whether  such  minerals  are  found  sep- 
arately or  in  combmation  with  each  other,  which  may  be  in, 
upon,  or  under  the  land  in  the  said  Crown  grant  mentioned, 
and  including  all  the  rights  given  to  mineral  claim  holders 
of  mineral  claims  so  located,  but  such  Crown  grant  shall  ex- 
pressly reserve  the  rights  of  such  prior  occupant. 

(Where  the  mineral  claim  is  located  on  land  lawfully 
occupied  under  a  timber  lease,  the  Crown  grant  shall  convey 
the  surface  and  minerals  within  the  meaning  of  this  Act 
(save  coal)  found  in  veins,  or  lodes,  or  rock  in  place,  but 
shall  reserve  the  timber.) 

WHAT  PASSES  BY  GRANT  W^HEN  GOLD  AND  SIL- 
VER HAS  BEFAT  RESERVED~4G.  Crown  grants  of  mineral 
claims  located  on  lawfully  occupied  lands,  the  right  whereon 
to  enter  and  mine  gold  and  silver  has  been  reserved  to   the 


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MINING  LAWS  OF    BRITISH   COLUMBIA. 


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Crown  and  its  licensees,  shall  pass  to  the  grantee  all  the  gold 
and  silver  found  in  veins,  or  lodes,  or  rock  in  place,  which 
may  be  in,  upon,  or  under  the  land  in  the  said  Crown  grant 
mentioned,  and  including  all  the  rights  given  to  mineral 
claim  holders  of  mineral  claims  so  located;  but  such  Crown 
grant  shall  expressly  reserve  the  rights  of  such  prior  occu- 
pant. 

ADVERSE  CLAIM  TO  PART— 47.  If  an  adverse  claim 
shall  only  affect  a  portion  of  the  ground  for  which  a  certifi- 
cate of  improvements  is  applied,  the  applicant  may  relinquish 
the  portion  covered  by  the  adverse  claim,  and  still  be  entitled 
to  a  certificate  of  improvements  for  the  undisputed  remainder 
of  his  claim,  upon  complying  with  the  requirements  of  this 
Act. 

AFTER  JUDGMENT— 48.  When  judgment  in  such  case 
Is  rendered  by  the  court,  a  memorandum  of  such  judgment 
shall  be  entered  in  the  "Record  Book;"  and  if  by  any  judg- 
ment the  original  boundaries  of  any  claim  shall  be  changed. 
a  plat  made  by  a  Provincial  Land  Surveyor,  and  signed  by 
the  judge  by  whom  the  judgment  has  been  p;iven,  shall  be 
filed  in  the  office  of  the  Mining  Recorder. 

RECORDING— 49.  Every  conveyance,  bill  of  sale,  mort- 
gage, or  other  document  of  title  relating  to  any  mineral  claim, 
not  held  as  real  estate,  or  mining  interest,  shall  be  recorded 
within  the  time  prescribed  for  recording  mineral  claims: 
Provided,  always,  that  the  failure  to  so  record  any  such  docu- 
ment shall  not  invalidate  the  same  as  between  the  parties 
thereto,  but  such  documents  as  to  third  parties  shall  take 
effect  from  the  date  of  record,  and  not  from  the  date  of  such 
document:  And  provided  further,  that  after  the  issuance 
of  a  Crown  grant  for  any  mineral  claim  it  shall  not  be  neces- 
sary to  register  any  transfer  or  other  document  of  title  exe- 
cuted subsequent  to  such  Crown  grant  with  the  Mining  Re- 
corder of  the  district  in  which  the  said  claim  is  situated;  but 
all  documents  relating  to  the  same  may  thereafter  be  regis- 
tered in  the  same  manner  as  are  other  documents  of  title  re- 
lating to  the  transfer  of  real  estate,  and  all  the  provisions  of 
the  "Land  Registry  Act,"  and  any  amendments  thereto  shall 
apply  to  such  registration. 

TRANSFERS— 50.  No  transfer  of  any  mineral  claim,  or 
of  any  interest  therein,  shall  be  enforceable  unless  the  same 
shall  be  in  writing,  signed  by  the  transferer,  or  by  his  agent 
authorized  in  writing,  and  recorded  by  the  Mining  Recorder; 


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MINING   LAWS  OF   BRITISH   COLUMBIA. 


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the  gold 
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a  certifi- 
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such  case 
judgment 
any  judg- 
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signed  by 
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sale,  mort- 
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such  docu- 
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t  be  neces- 
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and  if  signed  by  an  agent,  the  authority  of  such  agent  shall 
be  recorded  before  the  record  of  such  transfer.  All  mineral 
claims  derived  under  Crown  grant,  and  every  transfer  thereof, 
or  any  interest  therein,  shall  be  registered  under  the  provi- 
sions of  the  "Land  Registry  Act," 

UNDER  "  GOLD  MINING  AMENDMENT  ACT,  1873  "— 
51.  The  transfer  of  any  real  estate  acquired  under  the  pro- 
visions of  the  Gold  Mliiirg  Amendment  Act,  1873,"  shall  be 
:i.  writing,  signed  by  the  transferrer  or  his  agent  authorized 
in  writing,  and  neea  not  be  by  deed  or  under  seal. 

ILI>NESS  AND  DEATH  OF  MINER— 52.  No  mineral 
(^iaim  suall  be  cpen  to  locaiion  by  any  other  person  during 
'he  last  illness  nor,  unless  with  the  permission  in  writing  of 
I  he  Gold  Commissioner,  for  twelve  months  after  the  death  of 
the  lawful  holder. 

FAULTS  OF  OFFICIALS— 53.  No  free  miner  shall  suf- 
fer from  any  acts  of  omission,  or  commission,  or  delays  on 
the  part  of  any  Goverrment  official,  if  such  can  be  proven. 


PART  II.— Mill  Sites. 

LOCATION  OP"" — 54.  A  free  miner  may  locate  any  unoccu- 
pied and  unreserved  Crown  land  not  known  to  contain  min- 
nral,  and  not  exceeding  five  acres,  as  a  mill-site.  No  free 
miner  shall  be  entitled  to  obtain  and  hold  under  this  section 
more  than  one  mill-site  for  each  mineral  claim  lawfully  held 
by  him.  Such  mill-site  shall  be  as  nearly  as  possible  in  the 
form  cf  a  square.  On  locating  a  mill-site,  the  free  miner 
shall  comply  with  the  following  requirements: 

(a.)  Mark  out  the  land  by  placing  a  legal  post  at  each 
Tirner: 

(b.)    Post  a  notice  on  each  post,  stating — 

L    The  name  of  such  free  miner: 

2.  The  number  of  his  free  miner's  certificate: 

3.  His  intention,  at  the  expiration  of  sixty  days  from 
the  date  of  the  notice,  to  apply  for  the  land  as  a  mill-site: 

4.  The  date  of  the  notice: 

(c.)  Post  a  copy  of  such  notice  on  the  office  of  the  Min- 
ing Recorder. 

LEASE  AND  CROWN  GRANT,  WHEN— 55.  On  the 
oxpiration  of  sixty  days  after  the  fulfillment  of  the  above 
requirements,  the  free  miner  shall  deposit,  in  duplicate,  in  the 


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MINING  LAWS  OP   BRITISH   COLUMBIA. 


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office  of  the  Mining  Recorder,  a  plat  of  the  said  land  made 
by  an  authorized  Provincial  Land  Surveyor,  and  prove  by 
affidavit  that  he  has  complied  with  the  above  requirements, 
and  that  the  said  land  is  not  known  to  contain  minerals,  and 
shall  furnish  such  other  proof  of  the  non-mineral  character 
of  the  land  as  the  Gold  Commissioner  may  require;  the  free 
miner  shall  then  be  entitled  to  a  lease,  for  one  year,  of  said 
land,  which  lease  shall  be  executed  by  the  Gold  Commis- 
sioner. If,  during  the  continuance  of  such  lease,  such  fre^^ 
miner  shall  prove  to  the  satisfaction  of  the  Gold  Commis- 
sioner that  he  has  put  or  constructed  works,  or  machinery  for 
mining  or  milling  purposes,  on  the  said  mill-site  of  the  value 
of  at  least  five  hundred  dollars,  he  shall  be  entitled  to  a 
Crown  grant  of  such  mill-site  upon  payment  of  five  dollars 
per  acre  of  such  land.  Any  free  miner  now  having  a  lease 
of  a  piece  of  land  for  a  mill-site,  upon  proving  to  the  satisfac- 
tion of  the  Gold  Commissioner  that  he  has  put  or  constructed 
works,  or  machinery  for  mining  or  milling  purposes,  on  said 
mill-site  of  the  value  of  at  least  five  hundred  dollars,  shall, 
on  payment  of  five  dollars  per  acre,  be  entitled  to  a  Crown 
grant  of  such  mill-site. 

APPLICATION  FOR  CROWN  GRANT  OP  MILL-STTB 
— 56.  On  applying  for  a  Crown  grant  of  a  mill-site,  the  free 
miner  shall — 

(1.)  Pay  the  sum  of  five  dollars  per  acre  to  the  Mining 
Recorder: 

(2.)  Deposit  with  the  Mining  Recorder  the  following 
rlocuments: 

(a.)     Lease  of  the  mill -site: 

(b.)    Plat  of  the  mill-site: 

(c.)    Surveyor's  original  field-notes: 

(d.)  A  certificate  from,  the  Gold  Commissioner  that 
works  or  machinery  for  mining  or  milling  purposes  have 
been  put  or  constructed  on  the  mill-site  to  the  value  of  at 
least  five  hundred  dollars: 

(e.)    Application  for  the  Crown  grant. 

WHAT  PASSES— 57.  Crown  grants  of  mill-sites  shall 
pass  to  the  grantee  all  the  surface  of  the  land  in  the  said 
Crown  grant  mentioned,  bi^t  all  such  Crown  grants  shall  ex- 
pressly reserve  all  minerals*  under  the  said  land,  and  the  righf 
to  the  Crown  and  its  licensees  to  enter  and  mine  the  said 
minerals,  and  may  be  in  the  following  form: 


id  made 

rove    by 

rements. 

als,  and 

haracter 

the  free 

,  of  said 

Commis- 

lUch  fre*^ 

Commis- 

inery  for 

he  value 

led  to  a 

e  dollars 

g  a  lease 

I  satisfac- 

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s,  on  said 

irs,  shall, 

a  Crown 


ILL-SITE 
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he  Mining 

following 


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,s  shall  ex- 
d  the  righ* 
le  the  said 


(L.  S.)  ROYAL    ARMS. 

Province  of  Briiirh  Columbia.  No 

Victoria,  by  tlie  grace  of  God,  of  the  United  Kingdom  of  Great 
Britain  and  Ireland,  Queen  Defender  of  tlie  Faltli,  and  so  forth. 
To  all  to  whom  these  presents  shall  come— Greeting: 

Know  ye  that  we  do  by  these  presents,  for  Us,  Our  heirs  and 

successors,  in  conideration  of  the  sum  of  to  Us  paid,  give 

and   grant  unto   h....    heirs   and   assigns,   All   that 

parcel  or  lot  of  land  situate  and  numbered   on  the 

official  plan  or  survey  of  the  said in  tha  Province  of  British 

Columbia.  To  have  and  to  hold  the  said  parcel  or  lot  of  land,  and 
all  and  singulai"  the  premises  hereby  granted,  with  their  appur- 
tenances, unto  the  said  h....  heirs  and  assigns  for- 
ever. 

Provided,  nevertheless  that  It  shall  at  all  times  be  lawful  for 
Us,  Our  heirs  and  successors,  or  for  any  person  or  persons  acting 
in  that  behalf  by  Our  or  their  authority,  to  resume  any  part  of 
the  said  lands  which  it  may  be  deemed  necessary  to  resume  for 
making  roads,  canals,  bridges,  towing-paths,  or  other  works  of 
public  utility  or  convenience,  so  nevertheless  that  the  lands  so  to 
be  resumed  shall  not  exceed  one-twentieth  part  of  the  whole  of 
the  lands  aforesaid,  and  that  no  such  resumption  shall  be  made 
by  any  lands  on  which  any  buildings  may  have  been  erected,  or 
which  may  be  In  use  for  the  more  convenient  occupation  of  any 
such  buildings. 

Provided  also,  that  It  shall  at  all  times  be  lawful  for  Us,  Our 
heirs  and  successors,  or  for  any  person  or  persons  acting  under 
Our  or  their  authority,  to  enter  into  and  upon  any  part  of  the  said 
lands,  and  to  raise  and  get  thereout  any  minerals,  within  the 
meaning  of  this  Act,  which  may  be  thereupon  or  thereunder  situ- 
ate, and  to  use  and  enjoy  any  and  every  part  of  the  same  land, 
and  of  the  easements  and  privileges  thereto  belonging,  for  the 
purpose  of  such  raising  and  getting,  and  every  other  purpose 
connected  therewith,  paying  in  respect  of  such  raising,  gettmg, 
and  U'se,  reasonable  compensation. 

Provided  also,  that  It  shall  be  lawful  for  any  person  duly 
authorized  in  that  behalf  by  Us,  Our  heirs  and  successors,  to  take 
and  occupy  such  water  privileges,  and  to  have  and  enjoy  such 
rirhts  of  carrying  water  over  through  or  under  any  parts  of  the 
hereditaments  hereby  granted,  as  may  b(}  reasonably  required  for 
mining  or  agricultural  purposes  In  thd  vicinity  of  the  said 
hereditaments,  paying  therefor  a  nasonable  compensation  to  the 
aforesaid  ,  h....  heirs  and  assigns. 

Provided  also,  that  it  shall  be  at  all  times  lawful  for  any 
person  duly  authorized  In  that  behalf  by  Us,  Our  heirs  and  suc- 
cessors, to  take  from  or  upon  any  part  of  the  hereditaments 
hereby  granted,  without  compensation,  any  gravel,  sand,  stone, 
iime,  timber,  or  other  material  which  may  be  required  In  the 
construction,  maintenance,  or  repair  of  any  roads,  ferries, 
bridges,  or  other  pub.lc  works. 

In  testimony  wher  of  We  have  caused  these  Our  Letters  to  be 
made  patent,  and  the  Great  Seal  of  our  Province  of  British  Co- 
lumbia to  be  hereunto  affixed:    Witness,  His  Honour , 

Meutenant-Governor   of  Our   Province   of   British   Columbia,    at 

Our  Government  House,  In  Our  City  of  Victoria,  this  day 

^f in  the  year  of  Our  Lord  one  thousand  eight  hundred  and 

,  and  In  the year  of  Our  Reign.  

By  Command. 


72 


MINING  LAWS  OF   BRITISH   COLUMBIA. 


^- 


i. 
4   ^ 


Hf 


I 


I; 


Tunnels  and  Drains. 

LICENSE  TO  RUN— 58.  Any  free  miner,  being  the 
holder  of  a  mineral  claim  or  mine  held  as  real  estate,  may, 
at  the  discretion  of  the  Gold  Commissioner,  obtain  a  license 
to  run  a  drain  or  tunnel,  for  drainage  or  any  other  purpose 
connected  with  the  development  or  working  of  such  claim 
or  mine,  through  any  occupied  or  unoccupied  lands,  whether 
mineral  or  otherwise,  upon  security  being  first  deposited  or 
given  to  such  Gold  Commissioner  to  his  satisfaction  for  any 
damage  that  may  be  done  thereby,  and  upon  such  other 
terms  as  he  shall  think  expedient. 

Water  Rights. 

GRANT  OF— 59.  A  free  miner  who  is  the  holder  of  a 
mineral  claim  or  mine  held  as  real  estate,  or  of  any  mill- 
site,  may,  at  the  discretion  of  the  Gold  Commissioner,  obtaiJi 
a  grant  to  a  water  right  in  any  unappropriated  water,  for 
any  mining  or  milling  purpose,  for  any  term  not  exceeding 
twenty  years,  upon  such  terms  and  coiulitions  as  such  Gold 
Commissioner  shall  think  fit. 

WHAT  nONR  RRiFORR  APPT.VrNG  FOR  GRANT— 60. 
Before  applying  for  any  such  grant,  the  free  miner  shall— 

(1.)  Post  a  notice  in  writing  on  a  legal  post  upon  some 
conspicuous  part  of  the  ground  on  which  such  water  is  in- 
tended to  be  used  and  a  copy  of  such  notice  on  the  office  of 
the  Mining  Recorder  for  at  least  sixty  days,  which  notice 
shall  contain  the  following  particulars: 

(a.)     The  name  of  each  applicant: 

(b.)  The  number  of  each  applicant's  free  miner's  cer- 
tificate : 

(c.)  The  name,  or  if  unnamed,  a  sufficient  description 
of  the  stream,  lake  or  other  source  from  which  such  water 
is  intended  to  be  taken: 

(d.)     The  point  of  diversion,  or  intended  ditch -head: 
(e.)    The  number  of  inches  of  water  applied  for: 
(f.)     The  purpose  for  which  it  is  required: 
(g.)     The  date  of  the  notice. 

(2.)  If  more  than  three  hundred  inches  are  applied 
for,  a  deposit  shall  be  made  with  the  Gold  Commissioner  of 
twenty-five  dollars,  to  be  refunded  if  the  grant  is  not  made. 


Liner's  cer- 


MINING  LAWS  OP    BRITISH  COLUMBIA. 


73 


RECORD  OF— 61.  The  grant  of  such  water  right  shall 
be  recorded  in  the  office  of  the  Mining  Recorder  within  the 
time  limited  for  the  recording  of  mineral  claims,  which 
lime  can  he  extended  by  the  Gold  Commissioner  in  his  dls- 
rretion. 

EFFECTUAL,  WHEN— 62.  No  grant  shall  take  effect 
until  recorded. 

PRIORITY  OF  NOTICE— 63.  On  any  dispute  prior  to 
such  grant,  priority  of  notice  shall  constitute  priority  of 
right. 

DATE  OF  GRANT— 64.  A  grant  duly  recorded  shall 
speak  from  the  date  of  the  grant  and  not  from  the  date  of 
the  record. 

RIGHTS  OF  MINERS— 65.  Every  such  grant  shall  be 
subject  to  the  rights  of  such  free  miners  as  shall,  at  the 
date  of  such  grant,  be  working  on  the  stream  above  or  be- 
low the  ditch-head,  and  of  any  other  persons  lawfully  using 
such  water  for  any  purpose  whatsoever;  and  such  grant 
shall  be  deeemed  as  appurtenant  to  the  mineral  claim,  mine 
held  as  real  estate,  or  mill-site,  in  respect  of  which  it  has 
been  obtained,  and  whenever  the  claim  or  mine  shall  have 
been  worked  out  or  abandoned,  or  whenever  the  occasion 
for  the  use  of  the  water  upon  the  claim,  mine  or  mill-site 
shall  have  permanently  ceased,  the  grant  shall  be  at  an  end 
and  determined. 

WATER  NOT  SOLD— 66.  No  person  shall  be  entitled  to 
any  such  grant  of  water  for  the  purpose  of  selling  such 
water,  or  of  using  the  same  otherwise  than  for  the  purposes 
for  which  the  water  was  recorded. 

COMMENCEMENT  OF  CONSTRUCTION— 67.  Within 
six  mouths  after  the  grant  is  made,  the  grantee  shall  com- 
mence the  construction  of  the  ditch  or  other  works  through 
which  he  intends  to  convey  the  water,  and  shall  prosecute 
the  same  diligently  and  uninterruptedly  to  completion,  un- 
If^ys  interrupted  by  the  severity  of  the  weather:  Provided, 
always,  that  the  Gold  Commissioner  may,  in  his  discretion! 
allow  such  work  to  cease  for  any  time,  upon  cause  being 
shown.  Upon  the  non-fulfilment  of  any  of  the  condilionr 
nf  this  section  the  grant  shall  be  forfeited, 

CHANGE  OF  POINT  OF  DIVERSION— 68.  The  Gold 
Commissioner  shall,  in  his  discretion,  have  power  to  alljow 


■Af'^ 


.*.  ; 


^«;i 


m 


:r 


74 


MINING  LAWS  OF    BRITISH  COLUMBIA. 


■♦I: 


a  grantee  of  any  water  right  to  change  the  place  of  diver- 
sion, on  giving  such  notices  and  complying  with  such  terms 
as  the  Gold  Commissioner  may  require. 

WASTE  OP  WATER— 69.  Every  such  grantee  shall 
take  all  reasonable  means  for  utilizing  the  water  granted  to 
him;  and  if  he  wilfully  waste  any  water,  or  take  a  quan- 
tity of  water  in  excess  of  his  requirements,  the  Gjld  Com- 
missisoner  may  declare  his  grant  to  be  forfeited. 

BRIDGE  STREAM,  ETC.— 70.  Any  person  desiring  to 
bridge  any  stream,  claim  or  other  place,  for  any  purpose,  or 
to  mine  under  or  through  any  ditch  or  flume,  or  to  carry 
water  through  or  over  any  land  already  occupied,  may  do 
so  with  the  written  sanction  of  the  Gold  Commissioner. 
In  all  such  cases  the  right  of  the  party  first  in  possession, 
whether  of  the  mine  or  the  water  right,  is  to  prevail,  so  as 
to  entitle  him  to  compensation  if  the  same  be  just. 

rude:,  WATER  MEASUREMENT— 71.  In  measuring 
water  in  any  ditch  or  sluice,  the  following  rules  shall  be 
observed:  The  water  taken  into  a  ditch  or  sluice  shall  be 
measured  at  the  ditch  or  sluice  head.  No  water  shall  be 
taken  into  a  ditch  or  sluice  except  in  a  trough  placed  hori- 
zontally at  the  place  at  which  the  water  enters  it.  One  inch 
of  water  shall  mean  half  the  quantity  that  will  pass  through 
an  orifice  two  inches  high  by  one  inch  wide,  with  a  con- 
stant head  of  seven  inches  above  the  upper  side  of  the 
orifice. 

NOTICE  ON  APPROACHING  DITCH— 72.  Whenever 
it  shall  be  intended,  in  forming  or  upholding  any  ditch,  to 
enter  upon  and  occupy  any  part  of  a  registered  claim,  or 
mine  held  as  real  esta'e,  or  to  dig  or  loosen  any  earth  or 
rock  within  four  feet  of  any  ditch  not  belonging  solely  to 
the  registered  owner  of  such  claim  or  mine,  three  days' 
notice  in  writing  of  such  intention  shall  be  given  before 
entering  or  approaching  within  twenty  feet  of  such  other 
property. 

RIGHT  TO  DIVERT  DITCH— 73.  Any  person  hereto- 
fore or  hereafter  engaged  in  the  construction  of  any  road  or 
work  may,  with  the  sanction  of  the  Gold  Commissioner, 
cross,  divert,  or  otherwise  interfere  with  any  ditch,  water 
right,  or  other  mining  rights  whatsoever,  for  such  period 
as  the  said  commissioner  shall  direct. 


MINING  LAWS  OF    BRITISH   COLUMBIA. 


76 


OWNER  CONSTRUCT  WATER  WASTE  —  74.  The 
owner  of  any  ditch,  flume,  or  pipe  shall,  at  his  own  expense, 
construct,  secure  and  maintain  all  culverts  necessary  for 
the  passage  of  waste  and  superfluous  water  flowing  through 
or  over  any  such  ditch,  flume,  or  pipe. 

KEEP  DITCH  IN  REPAIR— 75.  The  owner  of  any 
(•itch,  Hume,  or  pipe  shall  construct  and  secure  the  same  in 
a  proper  and  substantial  manner,  and  maintain  the  same  in 
good  repair  to  the  satisfaction  of  the  Gold  Commissioner, 
so  that  no  damage  shall  occur  to  any  road  or  work  in  its 
vicinity  from  any  part  of  the  works  of  such  ditch,  flume,  or 
pipe. 

LIABLE  FOR  DAMAGES— 76.  The  owner  of  any 
ditch,  flume,  or  pipe  shall  be  liable  and  shall  make  good,  in 
such  manner  as  the  Gold  Commissioner  shall  determine,  all 
damages  which  may  be  occasioned  by  or  through  any  parts 
of  the  works  of  such  ditch,  flume,  or  pipe  breaking  or  being 
imperfect. 

WHAT  IS  NOTICE— 77.  If  any  written  notice  to  the 
party  intended  to  be  affected  thereby  be  posted  for  ten  days 
on  some  conspicuous  part  of  any  premises  referred  to  in 
such  notice,  and  also  in  the  office  of  the  Mining  Recorder, 
such  notice  shall  be  deemed  good  and  sufficient. 

RENEWAL  WATER  RIGHT— 78.  When  the  term  for 
which  any  v/ater  right  has  been  granted  shall  have  expired, 
the  grantee  thereof  may,  at  the  discretion  of  the  Gold  Com- 
missioner, obtain  a  renewal  of  the  same  for  a  reasonable 
term,  not  to  exceed  ten  years,  provided  the  necessity  for  the 
use  of  said  water  for  the  purpose  for  which  it  was  originally 
granted  continues  to  exist. 

COMMISSIONER  LAY  OUT  ROADS— 79.  Nothing 
herein  contained  shall  be  construed  to  limit  the  right  of  the 
Chief  Commissioner  of  Lands  and  Works  to  lay  out,  from 
time  to  time,  the  public  roads  of  the  Province,  across, 
through,  along,  or  under  any  ditch,  water  right,  or  mining 
right,  in  any  Crown  land,  without  compensation,  provided 
that  as  little  damage  as  possible  shall  be  done  in  so  doing. 


pk 


MINING   LAWS  OF    BRITISH   COLUMBIA. 


.,'(., .  'i,. 


PART  III.— .Mining  Partnerships. 

GOVERNMENT  OF— 80.  All  mining  partnerships  shall 
be  governed  by  the  provisions  hereof,  unless  they  shall 
have  other  and  written  articles  of  partnership. 

PARTNERSHIP  TO  BE  ANNUAL— 81.  A  mining  part- 
nership shall,  .unless  otherwise  agreed  upon,  be  deemed  to 
be  a  yearly  partnership,  renewable  from  year  to  year  by 
tacit  consent. 

SCOPE  OiF~82.  The  business  of  the  partnership  shall 
be  mining  and  such  other  matters  as  pertain  solely  thereto. 

RECORD  OF — 83.  Mining  partnerships  can  locate  and 
record  in  the  partnership  name  a  mineral  claim  for  each 
partner,  but  the  name  of  every  partner,  and  the  number  of 
every  partner's  free  miner's  certificate  shall  be  on  the  record 
of  every  such  claim.  The  partnership  name  must  appear  on 
every  such  record,  and  all  the  claims  so  taken  up  shall  be 
the  property  of  the  partnership:  Provided,  always,  that  no 
free  miner  who  is  the  member  of  a  mining  partnership, 
holding  by  right  of  location  a  mineral  claim,  shall  be  en- 
titled to  hold  by  right  of  location  in  his  own  name  or  in  the 
name  of  any  other  partnership  any  interest  in  any  other 
mineral  claim  on  the  same  vein  or  lode  on  which  the  partner- 
ship claim  is  situate. 

PARTNER  FAILING  TO  KEEP  UP  FREE  MINER'S 
CERTIFICATE— 84.  Should  any  partner  fail  to  keep  up 
his  free  miner's  certificate,  such  failure  shall  not  cause  a 
forfeiture,  or  act  as  an  abandonment  of  the  partnership 
claim,  but  the  share  of  the  partner  who  shall  so  fail  to  keep 
up  his  free  miner's  certificate  shall,  ipso  facto,  be  and  be- 
come vested  in  his  partners,  pro  rata,  according  to  their 
former  interests,  on  the  said  partners  paying  the  free 
miner's  certificate  for  the  year. 

RIGHT  TO  VOTE— 85.  A  partner  in  any  mining  part- 
nership or  his  agent  authorized  in  writing  shall,  at  any 
meeting  thereof,  be  entitled  to  vote  upon  any  interest  or 
fraction  of  an  interest  wuich  he  may  hold  therein;  but  the 
result  of  the  votes  given  shall  be  determined  by  the  number 
of  the  full  interests  voted  upon,  and  not  by  the  number  of 
partners  voting  at  such  meeting. 


a] 


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thereto. 

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MINING  LAWS  OF   BRITISH  COLUMBIA. 


77 


MAJORITY,  MAKE  ASSESSM^INTS— 86.  A  majority 
of  such  votes  may  decide  when,  how  long,  and  in  what  man- 
ner to  work  the  partnership  claim  the  number  of  men  to 
be  employed,  and  the  extent  and  manner  of  levying  th'i 
assessment  to  defray  the  expenses  Incurred  by  the  partner- 
ship: Such  majority  may  also  choose  a  foreman  or  man- 
ager, who  shall  repress  nt  the  partnership,  and  sue  and  bf3 
sued  in  the  name  of  the  partnership  for  assessments  and 
otherwise;  and  he  shall  have  power  to  bind  them  by  his 
contracts:  Every  partner,  or  his  duly  authorized  agent, 
shall  be  entitled  to  represent  his  interest  in  the  partnership 
property  by  work  and  labor  so  long  as  such  work  and  labor 
be  satisfactory  to  the  foreman  or  m;  ager.  In  the  event  of 
hiich  workman  being  discharged  by  the  fornnan  or  man- 
ager, the  court  having  jurisdiction  in  mining  disputes  may, 
if  requested,  summon  the  foreman  or  manager  ^  cfore  it,  and 
upon  hearing  the  facts  make  such  order  as  it  shall  deem  just. 

ASSESSMENTS— 87.  All  assessments  shall  be  payable 
within  thirty  days  after  being  made. 

DEFAULT— 88.  Any  partner  making  default  in  pay- 
ment after  receiving  a  notice  specifying  the  amount  due  by 
him,  shall,  if  such  amount  be  correct,  be  personally  liable 
therefor  to  the  partnership,  and  his  interest  in  the  partner- 
ship property  may  be  sold  by  the  partnership  for  the  pay- 
ment of  the  debt,  and  any  further  assessments  which  may 
have  accrued  thereon  up  to  the  day  of  sale,  together  with  all 
costs  and  charges  occasioned  by  such  default:  and  it  the 
proceeds  of  the  sale  be  insufficient  to  pay  off  the  several 
sums  mentioned,  the  court  having  jurisdiction  in  mining 
disputes,  upon  being  applied  to,  shall  issue  an  order  directed 
to  the  Sheriff  to  seize  and  sell  any  other  personal  property 
of  the  debtor.  Notices  of  sale  shall,  in  either  of  the  above 
cases,  be  conspicuously  posted  thirty  clear  days  prior  to  the 
day  of  sale  in  the  vicinity  of  such  mining  or  other  property, 
and  on  the  Court  House  or  Mining  Recorder's  office  nearest 
thereto.  But  if  such  partner  be  absent  from  the  district 
such  notices  shall  be  posted  as  aforesaid  sixty  clear  days 
before  the  day  of  sale,  and  a  copy  of  such  notice  shall  be 
published  in  some  newspaper  circulating  in  the  district 
wherein  such  mining  or  other  property  is  situate.  Such  sale 
shall  be  by  public  auction  to  the  highest  bidder.  The  pur- 
chaser shall  be  entitled  to  possession  of  the  property  sold, 
and  to  a  bill  of  sale  therefor  signed  by  the  auctioneer;  such 


78 


MINING  LAWS  OP    BRITISH  COLUMBIA. 


1^ 


I" 


I 
I 


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'  ■   ■  I 


h  •''■• 


bill  of  sale  shall  confer  such  title  upon  the  purchaser  as  the 
owner  had.  And  for  the  purpose  of  carrying  out  the  provi- 
sions of  this  section  the  Mining  Recorder  of  the  mining  di- 
vision in  which  the  property  to  be  sold  is  situate,  or  some 
one  appointed  by  him,  may  act  as  auctioneer. 

NOTICE  OF  ABANDONMENT~89.  After  a  notice  of 
abandonment  in  writing  shall  have  been  served  on  the  fore- 
man or  manager  of  a  partnership  by  any  member  thereof, 
and  duly  recorded,  such  member  shall  not  be  liable  for  any 
debts  or  other  liabilities  of  the  partnership  incurred  after 
service  and  record  of  such  notice,  and  no  member  shall  be 
deemed  to  have  abandoned  an  interest  until  service  and 
record  of  such  notice. 

TITIyE  TO  ABANDONED  SHARE— 90.  Upon  the 
abandonment  of  any  share  in  a  mining  partnership,  tlie 
title  to  the  abandoned  share  shall  vest  in  the  continuing 
partners,  pro  rata,  according  to  their  former  interests. 

WHAT  PARTNER  MAY  SELL— 91.  Any  partner  shall 
be  entitled  to  sell,  or  contract  for  the  sale  of,  his  interest  in 
the  partnership  property,  but  such  interest  shall  continue 
liable  for  all  the  debts  of  the  partnership. 

DEBTS  AFTER  SALE— 92.  No  partner  shall,  after  a 
bill  of  sale  conveying  his  interest  has  been  recorded,  be  lia- 
ble for  any  indebtedness  of  the  partnership  incurred  there- 
after. 

Limited  Liabilities. 

LIABILITY — 93,  Any  mining  partnership  composed  of 
two  or  more  free  miners  may  limit  the  liability  of  its  mem- 
bers, upon  complying  with  the  requirements  following,  that 
is  to  say: 

Upon  filing  with  the  Mining  Recorder  a  declaratory 
statement  containing  the  name  of  the  partnership,  the  loca- 
tion and  size  of  every  partnership  claim,  and  the  particular 
interest  of  each  partner;  and  also  placing  upon  a  conspicu- 
ous part  of  every  such  claim,  in  large  letters,  the  name  of 
the  partnership,  followed  by  the  words  "Limited  Liability." 

NAME— 94.  The  words  "Limited  Liability"  shall  there- 
upon become  part  of  the  partnership  name. 


MINING  LAWS  OF    BRITISH  COLUMBIA. 


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EIFFECT— 95.  After  such  conditions  shall  have  been 
complied  with,  no  member  of  such  partnership  shall  be  lia- 
ble for  any  indebtedness  incurred  thereafter  beyond  an 
amount  proportioned  to  his  Interest  in  the  partnership. 

ACCOUNTS— 96.  Every  such  partnership  shall  keep  a 
correct  account  of  its  assets  and  liabilities,  together  with  the 
names  of  the  partners,  and  the  interest  held  by  each,  and 
shall  make  out  a  monthly  balance  sheet  showing  the  names 
of  the  creditors,  and  the  amounts  due  to  each,  and  file  the 
same  among  the  papers  of  the  partnership;  and  such  bal- 
ance sheet  and  all  the  books  of  the  partnership  shall  be 
open  to  the  inspection  of  creditors  at  all  reasonable  hours. 

PARTNER  SELL  HIS  INTEREST— 97.  Every  partner 
in  such  partnership  shall  be  at  liberty  to  sell  or  dispose  of 
his  interest  therein,  or  of  any  part  thereof,  to  any  free 
miner. 

AFTER  SALE,  NOT  LIABLE  FOR  DEBTS— 98.  No 
member  of  such  partnership,  after  a  bill  of  sale  conveying 
his  interest  has  been  duly  recorded,  or  after  he  has  served 
a  notice  of  abandonment  of  his  interest  on  the  foreman,  and 
left  a  copy  thereof  with  the  Mining  Recorder,  shall  be  liable 
for  any  indebtedness  of  the  partnership  incurred  thereafter. 

DIVIDENDS— 99.  No  such  partnership  shall  declare 
any  dividend  until  all  its  liabilities  have  been  paid. 

FOREMAN — 100.  Every  such  partnership  shall  appoint 
a  foreman  or  manager,  who  shall  represent  the  parentrship, 
who  shall  sue  and  be  sued  in  the  name  of  the  partnership, 
and  his  contracts  in  relation  to  the  business  of  the  partner- 
ship shall  be  deeemed  to  be  the  contracts  of  the  partner- 
ship. 

PARTNERSHIP  LIABILITY— 101.  No  such  partner- 
ship shall  be  liable  for  any  other  indebtedness  than  that 
contracted  by  its  foreman  or  manager,  or  by  its  agent  duly 
authorized  in  writing. 

FAILURE  TO  COMPLY— 102,  Should  any  such  part- 
nership fail  to  comply  with  any  of  the  provisions  of  this 
Act  relating  exclusively  to  "limited  liabilty"  r-."  "tnerships, 
such  partnerships  shall,  from  the  date  of  such  failure,  cease 
to  be  a  "limited  liability"  partnership. 


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MINING   LAWS  OF    BRITiaH   COLUMBIA. 


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PART  IV. 
Mining  Recorders -Appointment,  Duties,  Powers. 

APPOINTMENT— 103.  The  Lieutenant-Governor  in 
Council  may  appoint  any  person  to  be  a  Mining  Recorder  in 
and  for  any  part  of  the  Province. 

ELiECTION—104.  Where  mineral  land  is  discovered  in 
a  part  of  the  Province  so  situate  that  the  provisions  of  this 
Act  as  to  free  miner's  certificates  and  records  of  minin? 
property  cannot  be  justly  applied  or  enforced  by  reason  of 
there  being  no  Gold  Commissioner  or  Mining  Recorder  in 
the  locality,  it  shall  be  lawful  for  the  miners  of  such  local- 
ity to  hold  meetings  at  such  times  and  places  as  may  be 
agreed  upon,  and  at  such  meetings,  by  a  two-thirds  vote, 
to  appoint  one  of  their  number  to  issue  free  miners'  certifi- 
cates and  to  enter  records  of  mining  property;  and  such 
certificates  and  records  shall  be  valid,  notwithstanding  any 
informality  therein:  Provided  that  all  records  so  made, 
and  all  fees  for  the  same  m  accordance  with  the  Schedule  to 
this  Act,  and  a  list  of  all  free  miner's  certificates  issued, 
and  the  date  and  term  thereof,  and  the  fees  for  the  same,  be 
forwarded  to  the  nearest  Gold  Commissioner  or  Mining  Re- 
corder as  soon  thereafter  as  practicable. 

CERTIFICATES— 105.  Every  Mining  Recorder  shall 
issue  free  miners'  certificates  and  "substituted  certificates" 
to  all  persons  and  companies  entitled  thereto. 

FORMS,  COUNTERFOILS,  ETC.— 106.  Such  free  min- 
ers' certificates  shall  be  taken  from  a  printed  book  of  forms, 
with  duplicate  counterfoils,  one  of  which  counterfoils  shall 
be  filed  in  the  office  of  the  Mining  Recorder. 

BOOKS  KEPT  BY  RECORDER— 107.  Every  Mining 
Recorder  shall  keep  the  following  books: 

(a.)     A  book  to  be  known  as  the  ''Record  Book." 
(b.)     A  book  to  be  known  as  thr  "Record  of  Abandon- 
ments." 

(c.)    A  book  to  be  known  as  the  'Record  of  Affidavits:" 
(d.)    A  book  to  be  known  as  the  "Record  of  Convey- 
ances:" 

(e.)  A  book  to  b©  known  as  the  "Record  of  Free  Miners' 
Certificates." 


MINING  LAWS  OF    BRITISH  COLUMBIA. 


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CERTIFICATE— 108.  Upon  receipt  of  an  affidavit  set- 
ting forth  a  detailed  sta; yinent  of  work,  as  required  by  sec- 
tion 24,  the  Mining  Recorder  shall  issue  a  certificate  of  work 
in  the  Form  E  in  the  Schedule  to  this  Act. 

FILING  AND  RECORD— 109.  Upon  issuing  such  certi- 
ficate of  work,  the  Mining  Recorder  shall  file  such  affidavit 
in  the  Record  of  Affidavits,  and  also  record  such  certificate 
of  work  in  the  Record  Book. 

RECORD  OF  SAME— 110.  Upon  receiving  a  certificate 
of  improvements,  the  Mining  Recorder  shall  record  the  same 
verbatim  in  the  Record  Book. 

RECORDER  MUST  RECORD— 111.  The  Mining  Re- 
corder shall  record  all  extensions  of  time,  licenses,  permits, 
grants  of  water  rights,  and  other  privileges  granted  by  the 
Gold  Commissioner  or  Miining  Recorder,  and  all  forfeitures 
declared  by  the  Gold  Commissioner,  and  a  memorandum  of 
every  judgment  atfecting  a  mineral  claim  or  other  mining 
property,  in  the  Record  Book. 

WHAT  TO  BE  ENTERED  IN  BOOK— 112.  Upon 
any  Mining  Recorder  issuing  a  free  miner's  certificate,  or 
upon  any  free  miner  applying  to  record  any  mineral  claim, 
bill  of  sale,  or  other  instrument,  the  Mining  Recorder  shall 
enter  in  the  free  miner's  certificate  book  the  particulars  of 
such  free  miner's  certificate,  giving  number  of  certificate, 
date,  place  of  issue,  and  to  whom  issued, 

ABANDONMENTS— 113.  Upon  the  receipt  of  a  notic-T 
of  abandonment,  the  Mining  Recorder  shall  record  the  same 
in  the  Record  of  Abandonments,  and  file  such  notice,  and 
write  across  the  record  of  the  claim  affected  by  such  notice, 
in  the  Record  Book,  the  word  "Abandoned,"  and  the  date  of 
the  receipt  by  him  of  the  notice.  If  only  an  interest  in  a 
mineral  claim  is  abandoned,  and  not  the  entire  claim,  the 
memorandum  in  the  record  shall  show  which  interest  is 
abandoned. 

AFFIDAVITS— 114.  The  Mining  Recorder  shall  record, 
by  copying  out  verbatim  all  affidavits  and  declaratory  state- 
ments required  to  be  recorded  in  connection  with  his  office, 
in  the  Record  of  Affidavits. 

CONVEYANCES— 115.  The  Mining  Recorder  shall  re- 
cord, by  copying  out  verbatim,  in  the  Record  of  Convey- 
ances, all  conveyances,  mortgages,  bills  of  sale,  contracts  for 


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MINING  LAWS  OP    BRITISH   COLUMBIA. 


sale,  and  other  documents  of  title,  including  powers  of  at- 
torney, or  other  authorities,  to  execute  all  or  any  of  the 
above  description  of  documents  when  brought  to  him  for 
that  purpose. 

DOCUMENTS— 116.  The  Mining  Recorder  shall  record  in 
the  Record  Book  all  other  documents  relating  to  mining 
property  which  may  be  brought  to  him  for  record,  and  shall 
file  all  such  documents  which  may  be  brought  to  him  ^o  be 
filed. 

DATE — 117,  Every  entry  made  in  any  of  the  above 
books  shall  show  the  date  on  which  such  entry  was  made. 

BOOK,  INSPECTION  OF— 118.  All  books  of  record  and 
documents  filed  shall,  during  office  hours,  be  open  to  pub- 
lic inspection  tree  of  charge. 

COPY  TO  BE  EVIDENCE— 119.  Every  copy  of,  or  ex- 
tract from,  any  entry  in  any  of  the  said  books,  or  of  any 
document  filed  in  the  Mining  Recorder's  oflSce,  certified  to 
be  a  true  copy  or  extract  by  the  Mining  Recorder,  shall  be  re- 
ceived in  any  court  as  evidence  of  the  matters  therein  con- 
tained. 

APPLICATION  FOR  CROWN  GRANT— 120.  Upon  re- 
ceipt from  the  holder  of  a  certificate  of  improvements  of  an 
application  for  a  Crown  grant  in  the  proper  form,  and  all 
moneys  payable  in  respect  of  the  claim  for  which  a  Crown 
grant  is  applied,  the  Gold  Commissioner  shall  send  such 
moneys,  together  with  the  undermentioned  papers,  to  the 
Chief  Commissioner  of  Lands  and  Works. 
(1.)  The  certificate  of  improvements: 
(2.)  AflOidavit  of  the  holder  of  the  mineral  claim,  or  his 
agent — ^Form  G: 

(3.)     A  copy  of  the  plat  of  the  mineral  claim: 

(4.)     The  copy  of  the  surveyor's  original  field  notes: 

(5.)     Mining  Recorder's  certificate — Form  I. 

MILL-SITES— 121.  Upon  receipt  from  the  lessee  of  a 
mill-site  of  all  the  moneys  and  documents  mintioned  in 
section  56,  the  Mining  Recorder  shall  send  the  same  to  the 
Gold  Commissioner. 

RECORDER,  FEES  — 122.  Before  issuing  any  free 
miner's  certificate,  or  substituted  certificate,  or  certificate 
of  work,  or  making  any  entry  in  any  book  of  record,  or 
filing  any  document,  or  making  any  copy  or  extract  there- 


MINING   LAWa  OF    nRITISH   COLUMBIA. 


from,  the  Mining  Recorder  shall  collect  the  fees  payable  in 
respect  thereof. 


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MAY  DISTRICT— 123.  It  shall  be  lawful  for  the  Lieu- 
tenant-Governor in  Council  to  divide  and  subdivide  any  dis- 
trict into  mining  divisions,  and  to  establish  in  each  mining 
division  a  Mining  Recorder's  office. 

ESTABLISHMENT  OF  RECORDER'S  0FFICE~-12I. 
Upon  the  establishment  of  a  mining  division,  and  the 
opening  of  a  Mining  Recorder's  office  therein,  under  the 
authority  of  the  last  preceding  section — 

(a.)  Such  office,  and  none  other,  shall  be  the  proper 
office  for  recording  all  claims,  records,  certificates,  docu- 
ments, or  other  instruments  affecting  claims,  mines  held  as 
real  estate,  or  mining  property  situate  within  such  mining 
division;  and  whenever,  by  this  Act,  or  any  Act  amending 
I  he  same,  anything  is  required  to  be  done  at  or  in  the  ofllce 
of  the  Gold  Commissioner  or  Mining  Recorder  of  the  dis- 
trict, it  shall,  if  the  same  affects  or  concerns  any  claim, 
mine  held  as  real  estate,  or  mining  property  situate  within 
a  mining  division,  be  done  at  or  in  the  office  of  the  Mining 
Recorder  of  the  mining  division  wherein  such  claim  or 
mine,  or  other  mining  property,  is  situate: 

(b.)  Upon  the  district  or  division  of  any  Mining  Re- 
corder being  divided  or  subdivided  into  mining  divisions,  it 
shall  be  the  duty  of  such  Mining  Recorder  to  make,  or  cause 
to  be  made,  a  transcript  or"  all  the  entries  in  all  the  books 
mentioned  in  section  107,  affecting  claims,  mines  held  as 
real  estate,  or  mining  propc  rty  situate  in  each  newly  created 
mining  division,  and  to  forward  the  same  to  the  Mining  Re- 
corder of  such  mining  division,  and  such  transcript  shall 
be  kept  in  such  office  as  part  of  the  records  of  such  office, 
and  all  transcripts  of  such  records,  certificates,  documents 
or  other  instruments  shall  prima  faCiC  be  deemed  to  be  true 
copies  of  the  several  records,  certificates,  documents,  or 
other  instruments  of  which  they  purport  to  be  transcripts; 
and  such  transcripts  or  copies  thereof,  when  certified  by  the 
Mining  Recorder  of  the  mining  division  in  whose  office  they 
are  kept,  shall  be  admissible  in  evidence  in  all  courts  of 
judicature  in  this  Province. 


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MINING   LAWS  OF    BRITISH   COLUMBIA. 


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GOLD  COMMISSIONER,  AS  MINING  RECORDER— 
125.  When  there  shall  be  no  Mining  Recorder  for  a  district 
or  division,  the  duties  of  the  Mining  Recorder  shall  devolve 
upon  the  Gold  Commissioner,  and  it  shall  at  all  times  b'^ 
lawful  for  the  Gold  Commissioner  to  perform  the  duties  of 
the  Mining  Recorder,  and  the  Gold  Commissioner  shall  have 
all  the  powers  of  a  Mining  Recorder. 

OFFICE  HOURS— 126.  The  Mining  Recorder's  omce 
shall  be  open  upon  such  days  and  hours  as  the  Lieutenant- 
Govenor  in  Council  may  from  time  to  time  appoint,  and 
failing  any  particular  appointment,  shall  be  kept  open  upon 
all  days,  excepting  public  holidays,  from  9  a.  m.  to  4  p.  m.,  and 
ciuch  times  shall  be  deemed  the  office  hours  of  such  office. 


PART  V. 

Gold  Commissioner's  Ministerial  Powers. — 
Tunnels  and  Drains. 

LICENSES  FOR  TUNNELS— 127.  It  shall  be  lawful 
for,  but  not  incumbent  upon,  the  Gold  Commissioner  to 
grant  a  license  to  any  free  miner,  being  the  lawful  holder  of 
a  mineral  claim,  or  mine  held  as  real  estate,  to  run  a  drain 
or  tunnel,  for  any  purpose  connected  with  the  development 
or  working  of  such  claim  or  mine,  through  any  occupied  or 
unoccupied  lands,  whether  mineral  or  otherwise,  upon  se- 
curity being  deposited  or  given  to  him,  to  his  satisfaction, 
for  any  damage  that  may  be  done  thereby,  and  upon  su<*h 
other  terms  as  he  shall  think  fit. 

Water. 

WATER  RIGHT— 128.  It  shall  be  lawful  for,  but  not 
incumbent  upon,  the  Gold  Commissioner  to  grant  a  water 
right  to  any  free  miner  who  is  the  lawful  holder  of  a  miu- 
eial  claim,  mine  held  as  real  estate,  or  mill-site,  in  any  un- 
appropriated water,  for  any  mining  or  milling  purpose,  for 
any  term  not  exceeding  twenty  years,  and  upon  such  terms 
and  conditions  as  the  Gold  Commissioner  shall  think  fit, 
upon  being  satisfied  that  all  the  conditions  of  section  61 
have  been  complied  with.     And  in  all  cases  where  he  shall 


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MINING   LAWS   OF    BRITISH   COLUMBIA. 


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think  fit  to  extend  the  time  for  the  recording  of  the  giant  of 
such  water  right. 

RENEWAL  OF  GRANT— 129.  On  the  expiration  of  tho 
grant  to  any  such  water  right,  it  shall  be  lawful  for,  but  not 
incumbent  upon,  the  Gold  Commissioner  to  renew  such 
grant  for  a  further  period  not  exceeding  ten  years,  on  being 
satisfied  that  the  necessity  for  the  use  of  the  water  for  the 
purpose  for  which  it  was  originally  granted  continues  to 
exist. 

FORFEITURE  -130.  Upon  proof  that  any  grantee  has 
not  complied  with  all  or  any  of  the  conditions  upon  which 
grants  of  water  rights  are  held,  the  Gold  Commissioner  may 
declare  the  grant  to  be  forfeited. 

RECORD— 131.  When  such  grant  shall  have  been  do- 
clared  forfeited,  the  Gold  Commissioner  shall  cause  such 
forfeiture  lo  be  recorded  by  the  Mining  Recorder  in  the  Rec- 
ord Book. 

WATER — 132.  The  Gold  Commissioner  may  permit 
the  grantee  of  any  v/ater  right  to  change  the  place  of  diver- 
sion, on  being  satisfied  that  others  are  not  injured  by  such 
change. 

AUTHORITY  TO  MAKE  BRIDGE  OR  DITCH— 133. 
The  Gold  Commissioner  may,  in  all  proper  cases,  grant  an 
authority  in  v/iiting  to  any  person  desiring  to  bridge  any 
stream,  claim  or  other  place,  for  any  purpose,  or  lo  mine 
under  or  through  any  ditch  or  flume,  or  to  carry  water 
through  or  over  any  land  already  occupied,  and  to  any  per- 
son heretofore  or  hereafter  engaged  in  the  construction  of 
any  road  or  work,  to  cross,  divert,  or  otherwise  interfere 
with  any  dit(h,  water  privilege,  or  other  mining  rights 
whatsoever,  for  such  period  as  the  said  Gold  Commissioner 
shall  think  fit. 

OWNER  OF  DITCH  "134.  The  Gold  Commissioner  may 
order  the  owner  of  any  ditch,  flume,  or  pipe  to  make  good, 
in  such  manner  as  such  Gold  Commissioner  shall  think  fit, 
all  damages  which  may  be  occasioned  by  or  through  any 
parts  of  the  works  of  such  ditch,  flume,  or  pipe  breaking  or 
being  imperfect. 


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MINING   LAWS  OF    BRITISH   COLUMBIA. 


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iii 

Working  of  Mines  or  Claims,  and  Other  Powers. 

RE-LOCATION  OF  CLAIM— 135.  The  Gold  Commis- 
sioner may,  in  his  discretion,  permit  a  free  miner  to  re-lo- 
(late  a  mineral  claim,  or  any  part  thereof,  which  may  have 
been  abandoned  or  forfeited  by  such  free  miner:  Provided 
that  such  re-locations  shall  not  prejudice  or  interfere  with 
the  rights  or  interests  of  others. 

SPACE  FOR  DEPOSITS— 136.  The  Gold  Commissioner 
may  mark  out  a  space  of  ground  for  deposits  of  leavings  and 
(leads  from  any  tunnel,  claim  or  mining  ground,  upon  such 
terms  as  he  may  think  just. 

PUBLIC  SAFETY— 137.  The  Gold  Commissioner  shall 
have  the  power  to  summarily  order  any  mining  works  to  be 
so  carried  on  as  not  to  interfere  with  or  endanger  the  safety 
of  the  public,  any  public  work  or  highway,  or  any  mining 
property,  mineral  claims,  mining  claims,  bed-rock  drains,, 
or  bed-rock  flumes;  and  any  abandoned  works  may  by  his 
order  be  either  filled  up  or  guarded  to  his  satisfaction,  at 
the  cost  of  the  parties  who  may  have  constructed  the  same, 
or,  in  their  absence,  upon  such  terms  as  he  shall  think  fit. 

CROWN  GRANTS— 138.  Notwithstanding  anything 
contained  in  the  "Gold  Mining  Amendment  Act,  1873,"  or 
in  any  Crown  grant  issued  under  the  said  Act,  or  under  this 
or  any  other  Act,  it  shall  be  lawful  for  the  Gold  Commis- 
sioner, in  his  discretion,  and  with  or  without  any 
terms  or  conditions,  to  allow  to  the  owners  of  mineral 
claims  all  such  rights  or  privileges  in  and  over  mineriil 
claims,  or  other  claims  held  as  real  estate,  as  may  be  al- 
lowed in  and  over  claims  not  so  held;  and  owners  of 
claims  held  as  real  estate  shall  be  entitled  to  the  same  rights 
and  privileges  as  owners  of  claims  not  so  held. 

LEASE  OF  MILL-SITE— 139.  Upon  receiving  an  appli- 
cation for  a  mill-site  from  any  free  miner,  and  upon  proof 
being  furnished  to  his  satisfaction  of  the  non-mineral  char- 
acter of  the  land  applied  for,  and  the  deposit  in  duplicate 
of  a  plat  of  said  land,  and  upon  proof  by  affidavit  that  the 
applicants  has  complied  with  the  requirements  of  section  54 
of  this  Act,  the  Gold  Commissioner  shall  issue  to  the  appli- 
cant a  lease  of  such  land  for  one  year,  in  the  form  in  the 
Schedule  to  this  Act. 


MINING   LAWS  OF    BRITISH   COLUMBIA. 


87 


CERTIFICATE  OF  WORK,  MILL-SITF.— 140.  Upon 
boing  satisfied  that  the  lessee  of  a  mill-site  has  put  or  con- 
structed thereon  works  or  machinery  for  mining  or  milling 
purposes  to  an  amount  of  not  less  than  five  hundred  dollars, 
the  Gold  Commissioner  shall  issue  his  certificate  to  that 
effect. 

RECORDER— 141.  Upon  receipt  from  the  Mining  Re- 
corder of  the  moneys  and  documents  mentioned  or  referred 
to  in  section  121,  the  Gold  Commissioner  shall  satisfy  him- 
self that  the  same  are  in  order,  and  then  forward  the  same 
to  the  Chief  Commissioner  of  Lands  and  Works. 

GOLD  COMMISSIONER,  POWER— 142.  The  Gold  Com- 
missioner shall  have  power  to  do  all  things  necessary  or 
expedient  for  the  carrying  out  of  the  provisions  of  this  Act. 


6» 


Administration. 

ESTATE  OF  INTESTATE  DECEASED  MINER— 143. 
The  Gold  Commissioner,  or  any  person  authorized  by  him, 
shall  take  charge  of  all  the  property,  within  the  district  of 
such  commissioner,  of  any  deceased  free  miner  until  the 
issue  of  letters  of  administration  or  probate  of  the  will,  if 
any,  and  may  cause  any  mineral  claim?  held  or  owned  to 
be  duly  represented  or  dispense  therewith  at  his  option: 
Provided,  however,  that  where  any  free  miner  shall  die 
intestate,  and  the  value  of  the  personal  estate  of  such  de- 
ceased free  miner  is  less  that  three  hundred  dollars,  it  shall 
not  be  necessary  for  the  Gold  Commissioner  to  obtain  from 
any  court  letters  of  administration,  but  in  such  case  the 
Gold  Commissioner  may  administer  and  wind  up  the  per- 
sonal estate  of  the  deceased,  and  do  all  things  necessary 
and  proper  therefor,  and  act  in  all  respects  as  if  letters  of 
administration  to  the  personal  estate  of  such  deceased  free 
miner  had  been  granted  to  such  Gold  Coramhoioner,  and 
the  Gold  Commissioner  shall  produce  and  pass  *iis  accounts, 
in  each  estate  of  which  he  shall  undertake  the  administra- 
tion, before  a  judge  of  the  County  Court  of  tho  district. 

-     PART  VI.~ County  Courts. 

JURISDICTION,  PROCEDURE,  FORMS,  AND  COSTS— 
144.  In  addition  to  the  jurisdiction  and  powers  given  to 
County  Courts  by  the  "County  Courta  Jurisdiction  Act,"  and 


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other  Acts,  every  County  Court  shall  have  and  exercise, 
within  the  limits  of  Its  district,  all  the  jurisdiction  and 
powers  of  a  Court  of  Law  and  Equity — 

(1.)  In  all  personal  actions,  where  the  debt  or  damages 
claimed  arise  directly  out  of  the  business  of  mining  (other 
than  coal  mining),  or  from  the  exercise  or  interference  with 
any  right,  power,  or  privilege  given,  or  claimed  to  be  given, 
by  this  Act  or  any  other  Act  relating  to  mining  (other  than 
(  ,al  mining): 

(2.)  In  all  actions  between  employers  and  employees, 
where  the  employment  is  directly  connected  with  the  busi- 
ness of  mining  (other  than  coal  mining:) 

(3.)  In  all  actions  for  supplies  to  persons  engaged  in 
mining,  whero  such  supplies  were  bought,  contracted  for, 
or  supplied,  or  were  alleged  to  have  been  bought,  contracted 
for,  or  supplied  for  mining  purposes,  or  for  consumption  by 
persons  engaged  in  mining  or  prospecting: 

(4.)  In  all  actions  of  trespass  on  or  in  respect  of  min- 
eral claims,  or  other  mining  property,  or  upon  or  in  respect 
of  lands  entered  or  trespassed  on,  or  claimed  to  have  been 
entered  or  trespassed  on,  in  searching  for,  mining,  or  work- 
ing minerals,  (other  than  coal),  or  for  any  other  purpose 
directly  connected  with  the  business  of  mining  (other  than 
coal  mining),  or  in  the  exercise  of  any  power  or  privilege 
given,  or  claimed  to  be,  by  this  Act,  or  any  other  Act  relating 
to  mining  (other  than  coal  mining): 

(5.)  In  all  actions  of  ejectment  from  mineral  claims  or 
other  mining  property,  or  from  lands  entered,  or  claimed  to 
have  been  entered,  in  searching  for,  mining,  or  working 
minerals  (other  than  coal),  or  for  any  purpose  directly  con- 
nected with  the  business  of  mining,  or  entered,  or  claimed 
to  have  been  entered,  under  some  power,  right  or  authority 
given  or  obtained  under  the  provisions  of  this  Act,  or  any 
other  Act  relating  to  mining  (other  than  coal  mining): 

(6.)  In  all  suits  for  foreclosure  or  redemption,  or  for  en- 
forcing any  charge  or  lien,  where  the  mortgage,  charge  or 
lien  shall  be  on  mineral  claims,  mines,  or  other  mining 
property: 

(7.)  In  all  suits  for  specific  performance  of  or  for  re- 
forming, or  delivering  up,  or  cancelling  any  agreement  for 
sale,  purchase,  or  lease  of  any  mineral  claim,  min^,  or  other 
mining  property: 

(8.)     In  all  suits  for  the  dissolution  or  winding  up  of 


MINING   LAWS  OF    BRITISH    COI.UMHIA. 


» 


Of 


any  mining  partnersliip,  whether  registered  or  not,  under 
the  provisions  of  this  Act: 

(9.)  In  all  suits  relative  to  water  rights  claimed  under 
this  Act.  or  any  other  Act  relating  to  mining  (other  than 
coal  mining): 

(10.)  In  all  proceedings  for  orders  in  the  nature  of  in- 
junctions, where  the  came  are  requisite  for  the  granting  of 
relief  in  any  matter  in  which  jurisdiction  is  given  to  the 
County  Court  by  this  Act: 

(11.)  Provided,  always,  that  at  any  time  during  the  prog- 
ress of  any  action,  suit  or  matter  relating  to  or  concerning 
any  of  the  classes  of  objects  in  this  sectio*-  ^>efore  referred 
to  and  enumerated,  any  of  the  parties  to  such  action,  suit 
or  matter  may  ai»ply  by  summons  to  any  judge  of  the  Su- 
preme Court  at  Chambers  for  an  order  directing  the  transfer 
of  such  action,  suit  or  matter  into  the  Supreme  Court,  and 
upon  such  summons  an>'  judge  of  the  Supreme  Court  may. 
if  satisfied  that  it  is  expedient  such  action,  suit  or  matter 
should  be  so  transferred,  make  an  order  directing  the  trans- 
fer of  such  action,  suit  or  matter  into  the  Supreme  Court, 
and  may  in  and  by  such  order  give  all  necessary  directions 
for  effectually  procuring  and  completing  such  transfer,  and 
may  make  such  order  as  to  costs,  as  well  of  the  proceeding-; 
theretofore  had  and  taken  in  the  County  Court  as  of  such 
summons,  as  he  may  think  fit,  and  from  and  after  the  mak- 
ing of  any  such  order  for  transfer  into  the  Supreme  Coui't 
all  proceedings  in  respect  of  such  action,  suit  or  mal:ter, 
shall  be  had  and  determined  in  the  Supreme  Court,  and  the 
jurisdiction  of  the  County  Court  in  respect  thereof  shall 
absolutely  cease  and  determine.  The  Supreme  Court,  or  a 
judge  thereof,  shall  have  discretion  to  order  that  any  case 
so  transferred  shall  be  heard,  tried  or  disposed  of  without 
pleadings. 

COUNTY  COURT  JUHTSDICTION— 145.  The  jurisdic- 
tion given  to  County  Courts  by  this  Act  shall  be  known  as  the 
"mining  jurisdiction"  of  the  County  Court,  and  the  words 
"mining  jurisdiction"  shall  be  written  or  printed  on  all  sum- 
monses, writs  and  other  process,  and  all  other  documents  in 
every  action  or  cause  brought  under  the  mining  jurisdiction 
of  the  County  Court. 

COUNTY  COURTS  AND  OFFICERS— 146.  County 
Courts  and  County  Court  Judges,  Registrars,  Sheriffs,  and 
other  officers,  shall  have  the  same  duties,  powers,  privileges. 


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and  authoritios  in  all  actions  and  suits,  and  other  proceedings 
hiouiiht  under  the  mining  jurisdiction  of  the  County  Court, 
as  they  now  have,  or  at  any  time  hereafter  may  have,  in  ac- 
tions and  suits  and  other  proceedings  brought  under  the  ord- 
inary jurisdiction  of  the  County  Court,  and  the  provisions  of 
all  Acts  for  the  time  being  in  force  reguhiting  the  duties  and 
powers  of  County  Courts,  and  County  Court  Judges.  Regis- 
trars, Sheriffs,  and  other  officers,  and  regulating  the  pracLice 
and  procedure  In  County  Courts,  and  all  Rules  and  Orders  for 
the  rime  being  applicable  to  the  ordinary  jurisdiction  of  the 
County  Court,  shall,  so  far  as  practicable  and  not  inconsist- 
ent with  this  Act,  apply  to  the  mining  jurisdiction  of  the 
County  Court. 

ADJOINING  DISTRICTS— 147.  Where  disputes  arise 
concerning  mining  property,  portions  whereof  are  situated 
in  adjoining  or  different  districts,  the  County  Court  of  either 
of  sucli  districts  before  which  tlie  dispute  is  first  brought 
shall  determine  it. 

SUMMONS,  RETURN  OF— 148.  The  hearing  of 
any  summons,  plaint  or  other  process  in  any  County  Court 
shall  not  be  deferred  beyond  the  shortest  reasonable  time 
necessary  in  the  interests  of  all  parties  concerned,  and  it 
shall  be  law^ful  for  the  Registrar  to  make  summonses  or 
other  proceedings  retuinable  forthwith,  or  at  any  other  timo. 

WHERE  COURT  MAY  DECIDE— 149.  In  all  mining  ac- 
tions or  suits  the  Court  may  decide  the  question  at  issue  up- 
on the  ground  in  dispute,  and  such  decision  shall  be  entered 
as  in  ordinary  cases,  and  have  the  same  virtue  and  efTect  as 
If  rendered  in  court. 

JURY — 150.     In  any  mining  cause  or  suit,  either  party 
may  require  that  the  issues  of  fact  shall  be  tried  by  a  jury, 
and  the  Judge  may,  before  delivering  judgment  in  any  action 
suit,  or  other  proceeding,  direct  all  or  any  issues  of  fact  to  be 
found  by  a  jury. 

COSTS — 151.  In  all  actions,  suits,  and  other  proceedings 
within  the  mining  jurisdiction  of  the  County  Court,  the 
Judge  may  order  that  costs  be  taxed  on  the  higher  or  lower 
scale  allow(»d  by  the  County  Court  Rules;  or  if  he  shall  con- 
sider the  case  of  sufficient  importance,  he  may  order  that 
costs  be  taxed  as  in  the  Supreme  Court,  and  the  costs  so 
ordered  shall  be  the  costs  recoverable  in  such  action,  suit, 
or  other  proceeding. 


MINING   LAWS  OF    BRITISH   COLTTMBIA. 


91 


COUNTY  COURT.  JURISDICTION  OF— 152.  Every 
County  Court  having  jurisdiction  in  mining  disputes  ahall, 
wltii  reference  to  real  estate  lield  under  the  "Gold  Mlninn 
Amendment  Af;t,  1873,"  or  under  this  Art.  and  notwith- 
standing any  law  to  the  contrary,  have  the  same  powers  and 
authorities  to  decide  all  matters  or  disputes  arising  between 
the  owners  thereof,  or  between  the  owners  thereof  or  any 
third  person,  or  between  mining  joint  stock  companies,  or 
between  shareholders  therein,  or  between  them  and  the  com- 
pany, in  the  same  way  and  as  fully  as  it  might  do  con- 
cerning claims  not  being  real  estate,  and  actions,  suits  and 
other  proceedings  relating  to  such  matters  or  disputes  shall 
be  brought  and  had  in  the  same  manner  as  actions,  suits,  or 
proceedings  relating  to  mining  claims  not  being  real  estate. 

MAY  ISSUE.  WRITS— 153.  Any  County  Court  Judge 
having  jurisdiction  in  mining  causes,  may  direct  the  issuing 
of  writs  of  capias  ad  respondendum,  ne  exeat  regno,  and  ca- 
pias ad  satisfaciendum  in  all  cases  in  which  by  law  he  has 
jurisdiction  over  the  subject-matter  of  the  suit,  but  under 
and  subject  to  such  conditions  as  a  Judge  of  the  Supreme 
Court  might  usually  require  in  applications  of  a  similar  na- 
ture. 


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PART  VII. —  Penal  and  Miscellaneous. 

154.  Any  person  wilfully  acting  in  contravention  of  this 
Act,  or  refusing  to  obey  any  lawful  order  of  the  Gold  Com- 
missioner or  of  any  Judge  presiding  in  a  Court,  shall,  on 
conviction  thereof  in  a  summary  way  before  any  two  Justices 
of  the  Peace  or  a  Stipendiary  Magistrate,  or  before  any  Jud?e 
of  a  Court  having  jurisdiction  in  mining  disputes,  be  liable 
to  a  fine  not  exceeding  two  hundred  and  fifty  dollars,  or  to 
imprisonment,  with  or  without  hard  labor,  for  any  term  not 
exceeding  three  months. 

155.  All  fines  and  penalties  imposed  or  payable  under 
this  Act  may  be  recovered  by  distress  and  sale  of  any  mining 
or  other  personal  property  of  the  offender;  and  in  default  of 
sufficient  distress  by  imprisonment,  with  or  without  hard 
labor,  not  exceeding  three  months. 

156.  All  fines,  fees  and  penalties  collected  under  this 
Act  shall  be  paid  into  the  Consolidated  Revenue  Fund  of 
British  Columbia. 


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MINING  LAWS  OF   BRITISH   COLUMBIA. 


157.  Nothing  herein  contained  shall,  save  where  such 
intention  is  expressly  stated,  be  so  construed  as  to  affect 
prejudicially  any  mining  rights  and  interests  acquired  prior 
to  the  passing  of  this  Act;  and  all  mining  rights  and  pri7i- 
leges  heretofore  and  hereunder  acquired  shall,  without  the 
same  being  expressly  stated,  be  deemed  to  be  taken  and  held 
subject  to  the  rights  of  Her  Majesty,  Her  heirs  and  success- 
ors, and  to  the  public  rights  of  way  and  water. 

158.  Every  free  miner,  on  application  to  the  Mining 
Recorder  of  the  district,  shall  be  entitled  to  a  printed  copy  of 
this  Act  on  payment  of  the  sum  of  twenty-five  cents. 

BEFORE  WHOM  AFF'IDAVITS  MADE— 159.  Affidavits 
and  declarations  made  under  the  provisions  of  this  Act  shall 
be  made  before  «ome  Judge  or  Registrar  of  a  Court  of  Record, 
or  before  some  Gold  Commissioner,  Mining  Recorder,  Sti- 
pendiary Magistrate,  Justice  of  the  Peace,  Notary  Public,  or 
Commissioner  for  taking  affidavits. 

RIGHT  TO  EXAMINE  CLAIM— 160.  The  Minister  of 
Mines  and  the  Provincial  Inspector  of  Mineralogist  shall  have 
the  right  to  enter  into  or  upon  and  examine  any  mineral 
claim  or  mine  within  the  meaning  of  this  Act. 


1.  '  ''V  '■ 


Rules  and  Regulations. 

LIEUT.-GOVERNOR  MAKE  RULES— 161.  The  Lieu- 
tenant-Governor in  Council  may  make  such  orders  as  are 
deemed  necessary  from  time  to  time  to  carry  out  the  pro- 
visions of  this  Act  according  to  their  true  intent,  or  to  meet 
the  cases  which  may  arise  and  for  which  no  provision  is 
made  in  this  Act,  or  when  the  provision  v/hich  is  made  is 
ambiguous  or  doubtful;  and  may  also  make  regulations  for 
relieving  against  forfeitures  arising  under  section  9  of  this 
Act;  and  may  further  make  and  declark^  any  regulations 
which  are  considered  necessary  to  give  the  provisions  in  this 
clause  contained  full  eft'^^ct;  and  from  time  to  time  alter  or 
revoke  any  order  on  orders  or  any  regulations  made  in  re- 
spect of  the  said  provisions,  and  make  others  in  their  stead, 
and  f-^rther  impose  penalties  not  exceeding  two  hundred  dol- 
lars, ur  not  exceeding  three  months'  imprisonment,  for  viola- 
tion of  any  regulations  under  this  Act;  and  further  provide 
that  any  statement  or  returns  required  to  be  made  by  said 
regulations  shall  be  verified  on  oath.    Every  order  or  regula- 


MINING  LAWS  OF    BRITISH   COLUMBIA. 


93 


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tion  made  by  virtue  of  the  provisions  of  this  section  shall 
have  force  and  effect  only  after  the  same  has  been  published 
for  two  successive  weeks  in  the  British  Columbia  Gazette; 
and  such  orders  or  regulations  shall  be  laid  before  the  Legis- 
lative Assembly  within  the  first  fifteen  days  of  the  Session 
next  after  the  date  thereof. 

Taxation  of  Mines  and  Moneys  Invested  Therein. 

162.  Notwithstanding  anything  contained  in  this  Act, 
mines  and  moneys  invested  therein  shall  not  be  exempt  from 
taxation,  but  shall  bear  such  rate  as  may  be  imposed  by  any 
law  in  the  Province. 

ANNUAL  TAX— 163.  There  shall  be  levied  and  collect- 
ed from  the  owner  or  occupier  of  every  mineral  or  placer 
claim  of  which  a  Crown  grant  has  issued,  including  Crown 
grants  issued  under  authority  of  an  Act  made  and  passed  in 
the  36th  year  of  Ker  Majesty's  reign,  entitled  "An  Act  to 
amend  the  'Gold  Mining  Ordinance,  1867,'  and  the  'Gold  Min- 
ing Amendment  Act,  1872,'  "  an  annual  tax  of  twenty-five 
cent.3  for  every  acre  and  fractional  part  of  an  acre  of  land 
conveyed  by  the  grant,  payable  on  the  thirtieth  day  of  June 
in  each  year.  Such  tax  shall  form  a  charge  upon  the  claim. 
The  Assessor  appointed  under  or  by  virtue  of  any  existing 
Assessment  Act,  or  any  Collector  appointed  under  the  "Pro- 
vincial Revenue  Tax  Act,"  is  hereby  authorized,  as  to  the 
mineral  or  placer  claims  situate  within  the  district  for  which 
he  is  appointed,  to  collect  and  receive  the  tax.  In  the  event 
of  the  tax  not  being  paid  to  the  Assessor  or  Collector,  the 
Geld  Commissioner  may  in  his  discretion  cause  the  claim 
upon  which  the  tax  is  charged  to  be  offered  for  sale  by  pub- 
lic auction,  of  which  sixty  days'  notice  shall  be  posted  upon 
the  principal  Court  House  of  the  district  in  which  the  claim 
is  situate,  and  in  one  newspaper,  if  any,  published  in  such 
district,  and  may  sell  such  claim,  receive  the  purchase  money, 
and  execute  a  conveyance  thereof  to  the  purchaser.  The  pur- 
chase money  shall  be  applied  in  payment  of  the  expenses  of 
advertising  and  the  payment  of  the  tax,  and  any  surplus 
shall  be  paid  into  the  Treasury  in  trust  for  the  owner  of  the 
claim.  In  the  event  of  there  being  no  purchaser,  or  if  the 
price  offered  shall  not  be  suflficient  to  pay  the  tax  and  ex- 
penses of  advertising  the  land  shall  absolutely  revert  to  the 
Province,  and  the  Crown  grant  thereof  shall  be  deemed  void. 


94 


MINING  LAWS  OF   BRITISH  COLUMBIA. 


The  Assessor  or  Collector  may,  before  offering  the  claim  for 
sale,  sue  the  owner  or  occupier  for  the  tax,  in  a  summarj' 
manner,  before  any  Justice  of  the  Peace,  who  may  adjudge 
the  same  to  be  paid;  and  in  default  of  payment  the  amount 
due,  together  with  costs,  may  be  recovered  by  distress  of  the 
goods  and  chattels  of  the  person  against  whom  the  tax  may 
be  recovered:  Provided,  that  if  the  owner  of  any  such  min- 
eral or  placer  claim  shall  establish,  to  the  satisfaction  of  the 
Gold  Commissioner,  Mining  Recorder,  or  Assessor  and  Col- 
lector of  the  district  in  which  the  claim  lies,  that  the  sum  of 
two  hundred  dollars  has  been  expended  thereon  in  labor  or 
Improvements  in  any  one  year,  then  the  tax  shall  not  be 
levied  in  respect  of  such  claim  for  such  year. 

CHANGE  OF  NAME— 164.  Where  a  claim  has  been  re- 
corded under  any  name,  and  the  owner  or  his  agent  is  desirous 
of  changing  the  same,  the  Recorder  of  said  mining  division 
may,  upon  application  being  made  by  such,  owner  or  agent, 
and  upon  payment  of  a  fee  of  twenty-five  dollars,  amend  the 
record  accordingly:  Provided,  however,  that  such  change  of 
name  shall  not  in  any  way  affect  or  prejudice  any  proceed- 
ings or  execution  against  the  owner  of  the  said  claim. 

LOCATION  DESTROYED— 165.  Whenever  through  the 
acts  or  defaults  of  any  person  other  than  the  recorded  owner 
of  a  mineral  claim  or  his  agent  by  him  duly  authorized,  the 
evidence  of  the  location  or  record  on  the  ground,  or  the 
situation  of  a  mineral  claim,  has  been  destroyed,  lost,  or 
effaced,  or  is  difficult  of  ascertainment,  nevertheless,  effect 
shall  be  given  to  same  as  far  as  possible,  and  the  Court  shall 
have  power  to  make  all  necessary  inquiries,  directions  and 
references  in  the  premises,  for  the  purpose  of  carrying  out 
the  object  hereof,  and  vesting  title  in  the  first  bona  fide  ac- 
quirer of  the  claim. 


1-4 


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PART  Vm.— Repealing  Clause. 

166.  The  Acts  and  parts  of  Acts  mentioned  in  this  sec- 
tion shall  stand  repealed  and  be  repealed;  but  such  repeal 
shall  not  be  deemed  to  imply  that  any  of  the  said  Acts  or 
parts  of  Acts  which  have  been  repealed  at  any  time  prior 
to  the  passing  of  this  Act  have  been  in  force  since  such  re- 
peal:   Provided  further,  that  such  repeal  shall  not  affect  any 


MINING  LAWS  OF    BRITISH  COLUMBIA. 


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rights  acquired,  or  any  liabilities  or  penalties  incurred,  or  any 
act  or  thing  done,  under  any  of  the  said  Acts  or  parts  of  Acts: 
The  "Mineral  Act,  1891,"  the  "Mineral  Act  (1891)  Amend- 
ment Act,  1892,"  the  "Mineral  Act  (1891)  Amendment  Ant, 
1893."  the  "Mineral  Act  Amendment  Act,  1894,"  and  the 
"Mineral  Act  Amendment  Act,  1895,"  are  hereby  repealed. 

167.  Nothing  herein  contained  or  enacted  shall  affect 
any  litigation  pending  at  the  time  of  the  passage  of  this  Act. 

168.  The  jurisdiction  conferred  upon  a  Gold  Commis- 
sioner by  section  6  of  the  "Mineral  Act"  shall  not  be  exer- 
cised until  after  the  end  of  the  next  Session  of  the  Legislative 
Assembly. 


PLACER  MINING  ACT,  1891 


AN    ACT    RELATING    TO    PLACER    MINES    (AS 

AMENDED  IN  1894,  1895  AND  1896). 

[For  originals  see  1891,  c.  26;  V894,  c.  33;  1895,  c,  40;  1896,  c.  35.] 


Her  Majesty,  by  and  with  the  advice  and  consent  of  the 
Legislative  Assembly  of  the  Province  of  British  Columbia, 
enacts  as  follows: 

« 

SHORT  TITLE~1.  This  Act  may  be  cited  as  the  "Placer 
Mining  Act,  1891." 

INTERPRETATI0N--2.  (1896,  c.  35,  s.  2.)  In  the  con- 
struction of  this  Act  the  following  expressions  shall  have  the 
following  meanings  respectively,  unless  inconsistent  with 
the  context. 

"Mine,"  "placer  mine"  and  diggings"  shall  be  synony- 
mous terms,  and  shall  mean  any  natural  stratum  or  bed  of 
earth,  gravel  or  cement  mined  for  gold  or  other  precious 
minerals  or  stones: 

"Placer  claim"  shall  mean  the  personal  right  of  prop- 
erty or  interest  in  any  placer  mine;  and  in  the  term  "mining 
property"  shall    be   included   every    placer    claim,  ditch,  or 


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MTKtNG  LAWS  OF   BRITISH  COLUMBIA. 


water  right  used  for  placer  mining  purposes,  and  all  ot'ier 
tilings  belonging  thereto  or  used  in  the  working  thereof. 
Placer  claims  shall  be  divided  into  creek  diggings,  bar  dig- 
gings, dry  diggings,  bench  diggings,  and  hill  diggings. 

"Creek  diggings"  shall  mean  any  mine  in  the  bed  of  any 
river,  stream,  or  ravine,  excepting  bar  diggings. 

"Bar  diggings"  shall  mean  any  mine  over  which  a  river 
extends  when  in  its  flood  state. 

"Dry  diggings"  shall  mean  any  mine  over  which  a  river 
never  extends. 

"Bench  diggings"  shall  mean  any  mine  on  a  bench,  and 
shall,  for  the  purpose  of  defining  the  size  of  a  claim  in  b  ach 
diggings,  be  excepted  from  "dry  diggings." 

"Hill  diggings"  shall  mean  any  mine  on  the  surface  of  a 
hill,  and  fronting  on  any  natural  stream  or  ravine. 

"Precious  stone  diggings"  shall  mean  deposit  of  precious 
stones,  whether  in  veins,  beds,  or  gravel  deposits. 

Streams  and  ravines"  shall  include  all  natural  water- 
courses whether  u.sually  containing  water  or  not,  and  all 
rivers,  creeks  and  gulches. 

"Ditch"  shall  include  a  flume,  pipe,  race,  or  other  arti- 
ficial means  for  conducting  water  by  its  own  weight,  to  be 
used  for  mining  purposes.         ' 

"Ditch  head"  shall  mean  the  point  in  a  natural  water- 
course or  lake  where  water  is  first  taken  into  a  ditch, 

"Free  Miner"  shall  mean  a  person,  or  joint  stock  com- 
pany, or  foreign  company  named  in,  and  lawfully  posECSsed 
of,  a  valid  existing  free  miner's  certificate,  and  no  other. 

"Legal  post"  shall  mean  a  stake  standing  not  less  than 
four  feet  above  the  ground,  and  squared  or  faced  on  four 
sides  for  at  least  one  foot  from  the  top,  and  each,  side  so 
squared  or  faced  shall  measure  at  least  four  inches  on  its 
/ace  so  far  as  squared  or  faced,  or  any  stump  or  tree  cut  off 
and  squared  or  faced  to  the  above  height  and  size. 

"Record,"  "register,"  and  "registration"  shall  have  the 
same  meaning,  and  shall  mean  an  entry  in  some  official  book 
kept  for  that  purpose. 

"Record,"  when  used  without  qualifying  words  showing 
that  a  different  matter  is  referred  to,  shall  be  taken  to  refer 
to  the  record  of  the  location  of  a  placer  claim. 

"Full  interest"  shall  mean  any  placer  claim  of  the  full 
size,  or  one  of  several  shares  into  which  a  mine  may  be 
equally  divided. 


MININQ  LAWS  OF   BRITISH  C01.UMBIA.  •? 

"Close  season"  shall  mean  the  period  of  the  year  during 
which  placer  claims  in  any  district  are  laid  over  by  the  Gold 
Commissioner  of  that  district. 

"Cause"  shall  include  any  suit  or  action. 

"Judgment"  shall  include  "order"  or  "decree." 

"Real  estate"  shall  mean  any  placer  mineral  land  held 
in  fee  simple. 

"Joint  Stock  Company"  shall  mean  any  company  duly  in- 
corporated for  mining  purposes  under  the  "Companies  Act," 
"Companies  Act,  1890,"  and  any  company  duly  incorporated 
in  British  Columbia  for  mining  purposes  under  the  "Com- 
panies Act,  1862"  (Imperial),  and  shall  include  all  companies 
falling  under  the  definition  of  a  foreign  company  in  the 
"Companies  Act." 

PART  I. — Free  Miners  and  Their  Privileges. 

(Sections  3,  4,  5,  6  and  7  are  the  same  as  sections  3,  4,  5, 
6  and  7,  Part  I.) 

MINING  WITHOUT  CERTIFICATE— 8.  Every  per- 
son and  joint  stock  company  engaged  in  placer  mining  shall 
take  out  a  free  miner's  certificate,  and  any  person  or  joint 
stock  company  who  mines  or  works  as  a  miner  in  any  placer 
claim,  or  on  any  bed-rock  flume,  drain,  or  ditch,  without 
having  taken  out  and  obtained  such  certificate,  shall,  on 
conviction  thereof  in  a  summary  way,  forfeit  and  pay  a  pen- 
alty not  exceeding  twenty-five  dollars,  besides  costs:  Pro- 
vided, always,  that  nothing  herein  contained  shall  prejudice 
the  right  to  collect  wages  or  payment  for  work  done  by  any 
person  or  company,  who,  through  not  being  a  free  miner, 
has  rendered  himself  or  itself  liable  to  the  above  penalty. 

UNCERTIFICATED  PERSON  NOT  ENTITLED  TO 
INTEREST,  ETC.— 9.  (1895  c.  40,  s.  2.)  No  parson  or  joint 
stock  company  shall  be  recognized  as  having  any  right  or 
interest  in  or  to  any  placer  claim,  mining  lease,  bed-rock 
flume  grant,  or  any  minerals  in  any  ground  comprised  there- 
in, or  in  or  to  any  water  right,  mining  ditch,  drain,  tunnel, 
or  flume,  unless  he  or  it  shall  have  a  free  miner's  certificate 
unexpired.  And  on  the  expiration  of  a  free  miner's  certifi- 
cate the  owner  thereof  shall  absolutely  forfeit  all  his  rights 
and  interest  in  or  to  any  placer  claim,  mining  lease,  bed- 
rock flume  grant,  and  any  minerals  in  any  ground  com- 
ic 1,4 


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98 


MINING  LAWS  OF  BRITISH  COLUMBIA. 


prised  therein,  and  In  or  to  any  and  every  water  right,  min- 
ing ditch,  drain,  tunnel,  or  flume,  which  may  be  held  or 
claimed  by  such  owner  of  such  expired  free  miner's  certifl- 
cate,  unless  such  owner  shall,  on  or  before  the  day  following 
the  expiration  of  such  certificate,  obtain  a  new  free  miner's 
certificate:  Provided,  nevertheless,  should  any  co-owner 
fail  to  keep  up  his  free  miner's  certificate,  such  failure  shall 
not  cause  a  forfeiture  or  act  as  an  abandonment  of  the 
claim;  but  the  interest  of  the  co-owner  who  shall  fail  to  keep 
up  his  free  miner's  certificate  shall  ipso  facto,  be  and  be- 
come invested  In  his  co-owners  pro  rata,  according  to  their 
former  interests:  Provided,  nevertheless,  that  a  share- 
holder In  a  joint  stock  company  need  not  be  a  free  miner, 
and,  though  not  a  free  miner,  shall  be  entitled  to  buy,  sell, 
hold,  or  dispose  of  any  shares  therein:  And  provided,  also, 
that  this  section  shall  not  apply  to  placer  mines  for  which 
a  Crown  grant  has  been  issued. 

(Sections  9a  and  9b  are  same  as  sections  10  and  11,  Part 
I,  except  read  "placer"  instead  of  "mineral." 

RIGHT  OF  CERTIFICATE-HOLDER— 10.  Every  free 
miner  shall,  during  the  continuance  of  his  certificate  but  no 
longer,  have  the  right  to  enter,  locate,  prospect,  and  mine 
for  gold  and  other  precious  metals  upon  any  lands  in  the 
Province  of  British  Columia,  whether  vested  in  the  Crown 
or  otherwise,  except  upon  Government  reservations  for 
townsites,  land  occupied  by  any  building,  sid  any  land  fall- 
ing within  the  curtilage  of  any  dwelling  house,  and  any  or- 
chard, and  any  land  lawfully  occupied  for  placer  mining  pur- 
poses, and  also  Indian  reservations. 

FREE  MINER  TO  GIVE  SECURITY— 11.  Previous 
to  any  entry  being  made  upon  lands  already  lawfully  occu- 
pied, such  free  miner  shall  give  adequate  security,  to  the 
satisfaction  of  the  Gold  Commissioner,  for  any  loss  or  dam- 
age which  may  be  caused  by  such  entry;  and  after  such 
entry  he  shall  make  full  compensation  to  the  occupant  or 
owner  of  such  lands  for  any  loss  or  damage  which  may  be 
caused  by  reason  of  such  entry;  such  compensation,  in  case 
of  dispute,  to  be  determined  by  a  Court  having  Jurisdiction 
in  mining  disputes,  with  or  without  a  jury. 

12.    (Repealed  by  1896,  c,  35,  s.  3.) 

GAME — ^13.    Any  free  miner  shall  be  at  liberty,  at  any 


MINING  LAWS  OF   BRITISH  COLUMBIA. 


99 


period  of  the  year,  while  actually  prospecting  or  engaged  In 
mining,  to  kill  game  for  his  own  use. 

"MINERAL  ACT,  1891."— 14.  A  free  miner  shall  have 
all  the  rights  and  privileges  granted  to  free  miners  by  the 
"Mineral  Act,  1891." 


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PART  II.— Size  and  Nature  of  Placer  Claims. 


at  any 


Locating,  Recording,  Re-Recording,  Working  and  Lay-Overs. 

WHAT  FREE  MINER  MAY  RECORD  AND  PUR- 
CHASE—15.  Every  free  miner  shall  be  entitled  to  locate 
and  record  a  placer  claim  on  each  separate  creek,  ravine,  or 
hill,  but  not  more  than  two  claims  in  the  same  locality,  only 
one  of  which  shall  be  a  creek  claim.  He  shall  be  allowed  to 
hold  any  number  of  placer  claims  by  purchase,  and  every 
free  miner  may  sell,  mortgage,  or  dispose  of  his  claim  or 
any  interest  therein. 

SIZE  OF  PLACER  CLAIMS— 16.  The  size  of  placer 
claims  shall  be  as  follows: 

A  "creek  claim"  shall  be  100  feet  long,  measured  in  the 
direction  of  the  general  course  of  the  stream,  and  shall  ex- 
tend in  width  from  base  to  base  of  the  hill  or  bench  on  each 
side,  but  when  the  hills  or  benches  are  less  than  100  feet 
apart  the  claim  shall  be  100  feet  square. 

In  "bar  diggings"  a  claim  shall  be  a  strip  of  land  100 
feet  long  at  high  water  mark,  and  in  width  extending  from 
high  water  mark  into  the  river  to  its  lowest  water  level. 

In  "dry  diggings"  a  claim  shall  be  100  feet  square. 

In  "bench  diggings"  a  claim  shall  be  100  feet  square: 
Provided  that  the  Gold  Commissioner  shall  have  authority, 
where  a  bench  is  narrow,  to  extend  the  limlcy  of  the  claim 
beyond  the  limits  of  the  bench,  but  not  to  exceed  100  feet 
square. 

In  "hill  diggings"  a  claim  shall  have  a  base  line  or 
frontage  of  100  feet,  drawn  parallel  to  the  main  direction  of 
the  stream  or  ravine  on  which  it  fronts.  Parallel  lines 
drawn  from  each  end  of  the  base  line,  at  right  angles  there- 
to, and  running  to  the  summit  of  the  hill  shall  constitute 
the  side  lines  thereof.  Legal  posts  shall  be  placed,  100  feet 
apart,  on  both  the  base  line  and  side  lines,  and  no  claim 
shall  extend  beyond  the  posts  so  placed. 


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MINING  LAWS  OF    BRITISH   COLUMBIA. 


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SIZE  OF,  ON  DISCOVERY  OF  NEW  MINE— 17.  If 
any  free  miner,  or  party  of  free  miners,  discover  a  new  mine, 
and  such  discovery  be  established  to  the  satisfaction  ol  the 
Grold  Commissioner,  placer  claims  of  the  following  sizes.  In 
dry,  bar,  bench,  creek,  or  hill  diggings  shall  be  allowed,  viz: 

To  one  discoverer,  one  claim 300  feet  in  length. 

To    a    party    of    two    discoverers,   two 

claims,  amounting  together  to 600  ** 

To  a  party  of  three  discoverers,  three 

claims,  amounting  together  to 800  " 

To    a    party    of    four    discoverers,  four 

claims,  amounting  together  to 1,000  ** 

And  to  each  member  of  a  party  beyond  four  in  nnmber, 
a  claim  of  the  ordinary  size  only. 

A  creek  discovery  claim  shall  extend  on  each  side  of  the 
center  of  the  creek  as  far  as  the  summit  of  the  hill,  but  not 
exceeding  1,000  feet. 

NEW  STRATUM  WHERE  ABANDONED— 18.  A  new 
stratum  of  auriferous  earth,  gravel,  or  cement,  situated  in  a 
locality  where  all  placer  claims  are  abandoned,  shiall  be 
deemed  a  new  mine,  although  mines  in  the  same  locality 
shall  ha\b  been  previously  worked;  and  dry  diggings  dis- 
covered in  the  vicinity  of  bar  diggings  shall  be  deemed  a 
new  mine,  and  vice  versa.  A  discoverer^  claim  shall  be 
constdered  as  one  ordinary  claim,  in  respect  to  recording, 
working,  and  representing. 

MEASUREMENT— 19.  In  defining  the  size  of  placer 
claims  they  shall  be  measured  horizontally,  irrespective  of 
inequalities  on  the  surface  of  the  ground. 

SHAPE,  AND  HOW  MARKED— 20.  Every  placer 
claim  shall  be  as  nearly  as  possible  rectangular  in  form, 
and  marked  by  four  legal  posts  at  the  corners  thereof,  firmly 
fixed  in  the  ground.  One  of  such  posts  shall  be  marked  as 
the  "initial  post,"  and  on  that  post  shall  be  placed  a  legible 
notice  in  writing,  stating  the  name  of  the  claim,  its  length 
in  feet  and  general  direction,  with  the  date  of  the  notice  and 
name  of  each  locator.  If  any  side  line  of  any  claim  shall 
exceed  100  feet  in  length,  legal  posts  shall  be  placed  along 
such  side  line,  at  distances  not  exceeding  100  feet. 

LOCATION  ON  SUNDAY— 21.  Any  location  made  upon 
Sunday  or  any  public  holiday  shall  not  for  that  reason  be 
invalid,  any  law  or  statute  to  the  contrary  notwithstanding. 


MINING   LAWS  OP    BRITISH   COLUMBIA. 


DISPUTES  AS  TO  TITLE— 22.  In  case  of  any  dispute 
as  to  the  title  to  a  placer  claim,'  the  title  to  the  claim  shall 
be  recognized  according  to  the  priority  of  such  location, 
subject  to  any  question  as  to  the  validity  of  the  record 
Itself,  and  subject  further  to  the  free  miner  having  complied 
with  all  the  terms  and  conditions  of  this  Act. 

RECORD — 23.  Every  free  miner  locating  a  placer  claim 
shall  record  the  same  with  the  Mining  Recorder  of  the  dis- 
trict or  division  within  which  the  same  is  situate,  within 
three  days  after  the  location  thereof,  if  located  within  ten 
miles  of  the  office  of  the  said  Mining  Recorder.  One  addi- 
tional day  shall  be  allowed  for  making  such  record  for  every 
additional  ten  miles  or  fraction  thereof.  Such  record  shall 
be  made  in  a  book  to  be  kept  for  the  purpose  in  the  office  of 
the  ^aid  Mining  Recorder,  to  be  known  as  the  "Record  Book," 
in  w>ich  shall  be  inserted  the  name  of  the  claim,  the  name  of 
eact  neator,  the  number  of  each  locator's  free  miner's  certi- 
ficate, the  locality  of  the  claim,  its  length  in  feet,  the  period 
for  which  such  record  is  granted,  the  date  of  location,  and 
date  of  the  record:  Provided  that  a  free  miner  shall  not  be 
entitled  to  a  record  of  a  claim  until  he  shall  have  furnished 
the  Mining  Recorder  with  a  written  statement  of  the  above 
particulars. 

REMOVAL  OF  POSTS— 24.  After  the  recording  of  a 
placer  claim,  the  removal  of  any  post  by  the  holder  thereof, 
or  by  any  person  acting  in  his  behalf,  made  for  the  purpose 
of  changing  the  limits  of  his  claim,  shall  act  as  a  forfeiture 
of  the  claim. 

PLACE  OF  RECORD— 25.  Upon  the  establishment  of 
a  mining  division  and  the  opening  of  a  Mining  Recorder's 
office  therein,  under  the  authority  of  this  Act,  such  office  and 
none  other  shall  be  the  proper  office  for  recording  all  placer 
claims  withiti-'^uch  mining  division,  and  making  all  records 
in  respect  thereof. 

WRONG  DISTRTCT— 26.  (1896,  c.  35,  s.  4.)  If  through 
ignorance  any  free  miner  shall  record  a  placer  claim  in  a 
different  mining  division  to  that  in  which  such  claim  is  situ- 
ate, such  error  shall  not  affect  his  title  to  such  claim,  but  he 
shall,  within  fifteen  days  from  the  discovery  of  his  error, 
record  such  claim  in  the  mining  division  in  which  it  is  situ- 
ate, and  such  new  record  shall  bear  the  date  of  the  first 


■.It.. 


103 


MINING  LAWS  OF   BRITISH   COLUMBIA. 


M'M 


record,  and  a  note  shall  be  made  thereon  of  the  error  and 
of  the  date  of  the  rectification  of  the  same. 

DURATION— 27.  A  free  miner  having  duly  located  a 
placer  claim,  shall  be  entitled  to  record  the  same  for  one  or 
more  years,  upon  payment  of  the  fees  set  out  in  thx'-  Sched- 
ule to  this  Act. 

RE-RECORD— 28.  A  free  miner  shall,  at  any  time  dur- 
ing the  existence  of  his  record  or  re-reccrd,  be  entitled  to  ex- 
tend the  term  of  his  interest  in  his  placer  claim  for  one  or 
more  years,  upon  payment  of  the  fees  set  out  in  the  Schedule 
to  this  Act,  by  re-recording  such  claim.  Such  re-record  shall 
be  made  in  the  Record  Book,  and  shall  set  out — 

(1.)    The  name  of  the  claim: 

The  name  of  each  holder  of  an  interest  in  such 


(2.) 
claim: 

(3.) 
tiflcate: 
(4.) 
(5.) 
(6.) 


The  number  of  each  such  holder's  free  miner's  cer- 

The  locality  of  the  claim: 

The  period  for  which  such  re-record  is  granted: 

The  date  of  the  re-record. 


APPLICATION  TO  RECORD  IN  RECORDER'S  AB- 
SENCE— 29.  If  a  free  miner  shall  apply  for  a  record,  and 
shall  make  such  application  at  the  Mining  Recorder's  oflflce 
during  office  hours,  but  during  his  absence,  and  shall  leave 
the  fee  required  by  this  Act,  and  the  particulars  and  infor- 
mation required  by  section  23,  with  the  officer  or  other  per- 
son in  charge  of  the  said  office,  he  shall  be  entitled  to  have  a 
record  dated  on  the  date  of  such  application. 

APPLICATION  TO  RE-RECORD-30.  If  a  free  miner 
shall  apply  for  a  re-record,  and  shall  make  such  application 
at  the  Mining  Recorder's  office  during  office  hours,  but  dur- 
ing his  absence,  and  shall  leave  the  fee  required  by  this  Act, 
and  the  particulars  and  information  required  by  section  28 
with  the  officer  or  other  person  in  charge  of  the  said  office, 
he  shall  be  entitled  to  have  a  re-record  dated  on  the  date  of 
such  application,  but  commencing  to  run  from  the  expiration 
of  his  existing  record  or  re-record. 

CONDITION  ON  WHICH  MINER  MAY  HOLD— 31.  A 
free  miner,  having  duly  located  and  recorded  a  placer  claim, 
shall  be  entitled  to  hold  the  same  during  the  existence  of 
his  record  or  re-record  of  such  claim  upon  complying  with 
al]  the  terms  and  conditions  of  this  Act 


MINING   LAWS   OF    BRITISH   COLUMBIA. 


103 


and 


RIGHT  OF  MINER— 32.  Every  free  miner  shall  have 
the  exclusive  right  of  entry  upon  his  placer  claim,  for  the 
miner-like  worlting  thereof,  and  the  construction  of  a  resi- 
dence thereon,  and  shall  be  entitled  exclusively  ♦o  all  the 
proceeds  realized  therefrom:  Provided  that  the  C  'd  Com- 
missioner may,  upon  application  made  to  him,  allow  other 
free  miners  such  rights  of  entry  thereon  as  iriy  b'^  neces- 
sary for  the  working  of  their  claims,  upon  uch  term"?  as 
may  to  him  se^^m  reasonable. 

IRRF^ULARITY  PRIOR  TO  RECORD— 33.  Upon  any 
dispute  as  to  tne  title  to  a  placer  claim,  no  irregularity  made 
prior  to  the  date  of  the  then  current  record  or  re-record  of 
such  claim  shall  affect  the  title  thereto,  and  it  shall  be  as- 
sumed that  up  to  the  date  of  such  record  or  re-record  the 
title  to  such  claim  was  perfect:  Provided,  always,  that  it 
shall  at  all  times  be  open  to  prove  that  the  ground  was  im- 
properly or  insufficiently  staked,  or  that  the  stakes  have 
been  illegally  moved. 

WORKS  IN  CONNECTION  WITH  CLAIM— 34.  Tunnels, 
shafts  and  ditches  shall  be  considered  as  belonging  to  the 
placer  claim  for  the  use  of  which  they  are  constructed,  and 
as  abandoned  or  forfeited  by  the  abandonment  or  forfeiture 
of  the  claim  Itself. 

RIGHTS  OF  OTHERS-35.  In  tunneling  under  hills,  on 
the  frontage  of  which  angles  occur,  or  which  may  be  of  an 
oblong  or  elliptical  form,  no  party  shall  be  allowed  to  tun-, 
nel  from  any  of  the  said  angles,  nor  from  either  end  of  such 
hills,  so  as  to  interfere  with  parties  tunneling  from  the 
main  frontage. 

INTEREST  IN  CLAIM— 36.  The  Interest  of  a  free 
miner  In  his  placer  claim  shall,  save  as  to  place/  mines  held 
as  real  estate,  be  deemed  to  be  a  chattel  interest,  equivalent 
to  a  lease,  for  such  period  .as  the  same  may  have  been  re- 
corded, renewable  at  the  end  thereof  by  re-recording,  and 
subject  to  the  conditions  as  to  forfeiture,  working,  represen- 
tation, re-recording  and  otherwise,  for  the  time  being  in 
force  with  respect  to  placer  claims. 

NO  RIGHT  TO  VEIN  OR  LODE— 37.  The  holder  of  a 
placer  claim  shall  have  no  right  to  any  vein  or  lode,  as  de- 
fined by  the  "Mineral  Act,  1891,"  within  the  limits  of  such 
placer  claim,  unless  he  shall  have  located  and  recorded  the 


'*"'\ 


i.t''i| 


104 


MINING  LAWS  OF    BRITISH   COLUMBIA. 


ground  as  a  mineral  claim;  and  until  he  shall  so  locate  and 
record  such  ground,  the  same  shall  be  open  to  any  free  miner 
to  locate  and  record  as  a  mineral  claim. 

DUTIES  OF  PLACER  CLAIM  HOLDERS— 38.  Every 
placer  claim  as  defined  by  this  Act  shall  be  represented  and 
bona  fide  worked  by  the  holder  thereof,  or  by  some  person 
on  his  behalf,  continuously,  as  nearly  as  practicable,  during 
working  hours,  and  shall  be  deemed  to  be  abandoned  and 
absolutely  forfeited  when  the  same  shall  have  remained  un- 
worked  on  working  days  by  the  holder  thereof,  or  some  per- 
son on  his  behalf,  for  the  period  of  seventy-two  hours,  ex- 
cept during  the  close  season,  some  lay-over,  or  leave  of  ab- 
sence, or  during  sickness,  or  for  some  other  reasonable  cause 
which  shall  be  shown  to  the  satisfaction  of  the  Gold  Com- 
missioner. 

LEAVE  OF  ABSENCE— 39.  Every  free  miner,  or  com- 
pany of  free  miners,  shall  be  entitled  to  a  leave  of  absence 
for  one  year  from  his  or  their  placer  claim  or  set  of  claims. 

(a.)  Upon  proving  to  the  Gold  Commissioner  that  he  or 
ey  has  or  have  expended  on  such  claims,  or  on  any  portion 
of  the  set  of  claims,  in  cash,  labor,  or  machinery,  an  amount 
equal  to  one  thousand  dollars  on  each  full  interest,  without 
any  return  of  gold  or  other  minerals  in  reasonable  quantities 
from  such  expenditure:  and 

(b.)  Upon  the  application  of  such  leave  being  signed  by 
all  the  holders  of  the  claim  or  set  of  claims. 

Such  leave  of  absence  shall  not  be  deemed  to  relieve  the 
holder  of  such  claim  or  set  of  claims  from  carrying  out  the 
provisions  of  this  Act  respecting  free  miner's  certificates, 
records  and  re-records  of  such  claims;  nor  shall  this  section 
affect  the  discretionary,  power  of  the  Gold  Commissioner 
with  respect  to  granting  a  leave  of  absence  under  other  con- 
ditions. 

NOT  TO  APPLY  TO  LEASES— 39  A.  (1895,  c.  40,  s.  3.) 
The  provisions  of  sections  39  and  42  of  the  said  Act  shall  not 
apply  to  land  or  mining  property  held  under  mining  leases, 
pursuant  to  Part  VII.  of  the  "Placer  Mining  Act,  1891,"  but 
such  leases  shall  in  all  matters  be  governed  by  the  terms 
thereof. 

FORFEITURES— 40.  Every  forfeiture  of  a  placer  claim 
shall  be  absolute,  any  rule  of  law  or  equity  to  the  contrary 
notwithstanding. 


MINING  LAWS  OF    BRITISH   CX>LUMBIA. 


106 


NOT  ENTITLED  TO  LAY  OVER— 41.  No  placer  claim 
located  and  recorded  in  any  district  within  fourteen  days 
before,  or  at  any  time  during  the  close  season,  shall  be 
deemed  to  be  laid  over,  unless  so  much  work  shall  have  been 
bona  fide  done  thereon  by  the  holder  thereof  as  shall,  in  the 
opinion  of  the  Gold  Commissioner,  fairly  entitle  him  to  have 
such  claim  laid  over. 

LAY  OVER,  INSUFFIENCY  OF  WATER— 42.  Where 
the  supply  of  water  is  insufficient  to  work  hydraulic  or  other 
placer  claims  requiring  water  to  enable  them  to  be  worked, 
such  claims  shall  be  laid  over  by  virtue  of  this  section  dur- 
ing such  insufficiency,  but  no  longer,  except  by  leave  of  the 
Gold  Commissioner;  but  a  notice  of  such  insufficiency  of 
water  must  be  posted  on  the  office  of  the  Mining  Recorder 
within  three  days  from  the  cessation  of  work. 

RECORD  OF  CHARGES— 43.  Every  bill  of  sale,  con- 
veyance or  mortgage  of  a  placer  claim,  or  of  any  fraction 
thereof,  shall  be  recorded  within  the  time  prescribed  for 
recording  placer  claims. 

TRANSFERS  IN  WRITING— 44.  No  transfer  of  any 
placer  claim,  or  of  any  interest  therein,  shall  be  enforceable 
unless  the  same  or  some  memorandum  thereof  shall  be  in 
writing,  signed  by  the  transferrer,  or  by  his  agent  author- 
ized in  writing,  and  recorded  in  the  Record  of  Conveyances. 

"  GOLD  MINING  AMENDMENT  ACT,  1873  "—45.  The 
transfer  of  any  real  estate  acquired  undei  the  previsions  of 
the  "Gold  Mining  Amendment  Act,  1873,"  shall  be  In  writ- 
ing, signed  by  the  transferrer,  or  by  his  agent  authorized  in 
writing,  and  attested  by  a  subscribing  witness. 


fA'H 


mi 


Sill 


iSi 


■m 

"  "Ml 


PART  III.— Tunnels  and  Drains. 

LICENSE  TO  TUNNEL  OR  DRAIN  THROUGH  OTHER 
LAND — 46.  Any  free  miner  requiring  to  run  or  construct  a 
tuni^el  or  drain  in  connection  with  his  claim  through  any 
occupied  or  unoccupied  lands,  whether  mineral  or  not,  shall 
obtain  a  license  from  the  Gold  Commissioner  for  that  pur- 
pose, which  license  shall  be  granted  or  withheld  In  the  abso- 
lute discretion  of  such  Gold  Commissioner;  and  shall  also 
give  such  security  to  the  Gold  Commissioner  for  any  damage 
that  nay  b«  caused  by  such  tunnel  or  drain  ai  sucb  Gold 


106 


MINING  LAWS  OF    BRITISH   COLUMBIA. 


Commissioner  may  require.  Such  license  shall  be  subject  to 
such  terms  and  conditions  as  the  Gold  Commissioner  shall 
think  fit,  and  shall  be  recorded  in  the  Record  Book. 

BELONG  TO  CLAIM— 47.  A  tunnel  or  drain  shall  be 
considered  as  part  of  the  placer  claim,  or  mine  held  as  real 
estate,  for  which  the  same  was  constructed. 

RIGHT  OF  WAY— 48.  Any  free  miner  may  apply  to 
the  Gold  Commissioner  for  a  grant  of  right  of  way  and  entry 
through  and  upon  any  mining  ground  in  his  district,  for  the 
purpose  of  constructing  a  drain  for  public  drainage  of  mines. 

FORM  OF  APPLICATION— 49.  The  application  for 
every  such  grant  shall  be  in  writing,  and  shall  set  out  the 
name  of  each  applicant,  the  nature  and  extent  of  the  pro- 
posed drain,  the  amount  of  toll  to  be  charged,  the  term  of 
years  for  which  such  grant  is  to  be  made,  and  all  other  privi- 
leges sought  to  be  acquired.  The  application  shall  be  left  at 
the  Mining  Recorder's  office  addressed  to  the  Gold  Commis- 
sioner. A  notice  of  such  application,  setting  out  the  above 
particulars,  shall  be  posted  on  the  office  of  the  Mining  Re- 
corder and  on  the  ground  for  thirty  clear  days  before  such 
grant  shall  be  made. 

DEPOSIT  OF  $25—50.  The  applicant  for  every  such 
grant  shall  deposit  with  the  Mining  Recorder,  at  the  time  of 
the  leaving  of  his  application  as  aforesaid,  twenty-five  dol- 
lars, which  shall  be  refunded  in  case  the  application  shall  be 
refused. 

RIGHT  OF  WAY,  ETC.— 51.  Such  grants  shall  be  in 
writing  and  signed  by  the  Gold  Commissioner,  and  shall  not 
be  given  for  a  longer  period  than  twenty  years,  and  shall 
give  such  rights  of  way  and  entry  and  such  powers  to  assess, 
levy,  and  collect  tolls  from  all  persons  using  such  drain,  or 
benefited  thereby,  as  the  Gold  Commissioner  shall  think  fit, 
but  not  in  any  case  to  exceed  the  term,  rights,  or  powers  set 
out  in  the  application. 

COVENANTS  OF  GRANTEE— 52.  The  following  cove- 
nants and  conditions  on  the  part  of  the  grantee  and  his  as- 
signs shall  be  deemed  to  be  part  of  every  grant,  whether  ex- 
pressed therein  or  not: 

(a.)  That  he  shall  construct  a  drain  or  drains  of  suffi- 
cient size  to  meet  all  requirementB  within  the  time  therein 
named : 


1 


MINING  LAWS  OF   BRITISH   COLUMBIA. 


lor 


(b.)  That  he  shall  keep  the  same  in  thorough  working 
order  and  repair,  and  free  from  all  obstructions,  and  in  de- 
fault thereof  that  the  Gold  Commissioner  may  order  all  nec- 
essary alterations  or  repairs  to  be  made  by  any  free  miners, 
other  than  the  grantee  or  his  assigns,  at  the  cost  and  ex- 
pense of  the  latter;  such  cost  and  expense  to  be  levied  by 
sale  (subject,  however,  to  the  conditions  of  the  grant)  of  all 
or  any  part  of  the  drainage  works,  materials,  and  tolls,  or 
any  of  them: 

(c.)  That  he  shall,  within  a  reasonable  time,  construct 
proper  tap-drains  from  or  into  any  adjacent  claims,  upon  be- 
ing requested  in  writing  by  the  holders  thereof  so  to  do ;  and 
if  such  grantee  shall  fail  to  commence  the  construction  of 
any  such  tap-drains  for  five  days  after  receipt  of  such  re- 
quest, or  after  making  such  commencement  shall  for  three 
days  fail  to  proceed  with  such  construction,  he  shall  permit 
such  holders  to  construct  such  tap-drains,  in  which  case 
such  holders  shall  only  be  chargeable  with  one-half  the 
specified  rates  of  toll,  or  such  other  proportion  as  the  Gold 
Commissioner  may  direct: 

(d.)  That  he  will  not,  in  the  construction  and  mainte- 
nance of  such  drains  and  tap-drains,  in  any  way  injure  the 
property  of  others,  and  that  he  shall  make  good  any  damage 
done  by  him. 

RECORD  GRANT— RENT— 53.  Every  such  grant  shall 
be  recorded  in  the  Record  Book,  and  the  deposited  sum  of 
twenty-five  dollars  shall  be  retained  as  a  recording  fee.  A 
rent  of  twenty-five  dollars  for  each  quarter  of  a  mile  and 
each  fraction  thereof  shall  be  paid  annually  to  the  Mining 
Recorder  by  the  grantee;  such  rent  to  commence  from  the 
date  of  the  grant. 


i 


^*i.v. 


■■.I,i!tl 


PART  IV.— Water  Rights. 

WATER  RIGHTS— 54.  Every  free  miner  shall  be  en- 
titled to  the  use  of  so  much  of  the  water  naturally  flowing 
through  or  past  his  placer  claim,  and  not  already  lawfully 
appropriated,  as  shall,  in  the  opinion  of  the  Gold  Commis- 
sioner, be  necessar^   for  the  due  working  thereof. 

UNAPPROPRIATED  WATER--55.  (1894,  c.  33,  a.  2.) 
A  free  miner  may,  at  the  discretion  of  the  Gold  Commis- 
sioner, obtain  a  grant  to  a  water  right  in  any  uuappropri- 


,<i| 

i 


108 


AHNING  LAWS  OF    BRITISH   COLUMBIA. 


,  n,?»«_\* 


ated  water,  for  any  placer  mining  purpose,  for  any  term  not 
exceeding  ten  years,  upon  such  terms  and  conditions  as  such 
Gold  Commissioner  shall  think  fit;  but  no  free  miner  shall 
be  charged  any  money  rental  for  any  such  water  used  by 
him  for  mining  purposes  on  his  own  mining  claim. 

[Section  56  is  same  as  Sec.  60,  Part  II.,  except  in  place 
of  "sixty"  days  read  "twenty"  days.] 

RECORI>-57.  The  grant  of  such  wat^er  right  shall  be 
recorded  in  the  office  of  the  Mining  Recorder  in  the  Record 
of  Water  Grants,  within  the  time  limited  for  the  recording 
of  placer  claims,  and  shall  during  each  year  of  the  continu- 
ance of  the  grant,  and  whilst  it  shall  be  in  operation,  be 
re-recorded  as  in  the  case  of  a  placer  claim. 

GRANT  NOT  EFFECTUAL  UNTIL  RECORDBI>-58. 
No  grant  shall  take  effect  until  recorded. 

NOT  TO  BE  SOLD— 59.  No  free  miner  shall  be  en- 
titled to  a  grant  of  the  water  of  any  stream  for  the  purpose 
of  selling  the  water  to  claim  holders  on  any  part  of  such 
stream.  The  Gold  Commissioner  may,  however,  grant  such 
privileges  as  he  may  deem  just,  when  such  water  is  intended 
to  work  bench  or  hill  claims  fronting  on  any  such  stream; 
provided,  that  the  rights  of  free  miners  then  using  the 
water  be  protected. 

DISTRIBUTION  OF  WATER— 60.  The  owner  of  any 
water  right  may  distribute  the  water  to  such  free  miners 
and  on  such  terms  as  he  may  deem  advisable,  within  the 
limits  mentioned  in  his  grant:  Provided,  always,  that  such 
owner  shall  be  bound  to  supply  water  to  all  applicants,  being 
free  miners,  in  a  fair  proportion,  and  shall  not  demand 
more  from  one  than  another,  except  where  the  difficulty  of 
supply  is  enhanced. 

RIGHTS  OF  MINERS  BELOW  DITCH  HEAD— 61.  If, 
after  the  grant  has  been  made,  any  free  miner  or  free  min- 
ers locate  and  bona  fide  work  any  placer  claim  below  the 
ditch  head,  on  any  stream  so  diverted,  he  or  they  shall  col- 
lectively be  entitled  to  forty  inches  of  water  if  two  hundred 
inches  be  diverted,  and  sixty  inches  if  three  hundred  inches 
be  diverted,  and  no  more,  except  upon  paying  to  the 
grantee  compensation  equal  to  the  amount  of  damage  sus- 
taini'd  by  the  grantee  on  account  of  the  diversion  of  such 
extra  quantity  of  water;    and,  in  computing  such  damage. 


MINING  LAWS  OF   BRITISH   COLUMBIA. 


109 


the  expense  of  the  construction  of  the  ditch  shall  be  con- 
sidered. 

PRIORITY  OF  NOTICE— 62.  On  any  dispute  between 
applicants  for  a  grant  prior  to  such  grant  being  made,  pri- 
ority of  notice  shall  constitute  priority  of  right,  if  any. 

DATE  OP  GRANT— 63.  A  grant  duly  recorded  shall 
speak  from  the  date  of  the  grant,  and  not  from  the  date  of 
the  record. 

RIGHTS  OF  PERSONS  USING— 64.  Every  such  grant 
shall  be  subject  to  the  rights  of  such  free  miners  as  shall,  at 
the  date  of  such  grant,  be  working  on  the  stream  above  or 
below  the  ditch  head,  and  of  any  other  persons  lawfully 
using  such  water  for  any  purpose  whatsoever. 

WATER  RIGHT  APPURTENANT  TO  CLAIM— 65.  A 
grant  of  a  water  right  made  in  respect  of  any  placer  claim, 
or  placer  mine  held  as  real  estate,  shall  be  deemed  appurte- 
nant to  such  claim  or  mine,  and  whenever  the  claim  or  mine 
shall  have  been  worked  out,  abandoned  or  forfeit'^d,  or 
whenever  the  occasion  for  the  use  of  the  water  upon  the 
claim  or  mine  shall  have  permanently  ceased,  the  grant 
shall  be  at  an  end  and  determined. 

[Section  66  is  same  as  Sec.  67,  Part  II.,  except  read 
"thirty  days"  instead  of  "six  months."] 

POI>  .  DF  DIVERSION,  CHANGE— 67.  The  grantee  of 
any  water  right  may  obtain  permission  from  the  Gold  Com- 
missioner to  change  the  place  of  diversion,  on  giving  such 
notices  and  complying  with  such  terms  as  the  Gold  Commis- 
sioner may  require. 

[Sections  68,  69  and  70  are  same  as  Sees.  69,  70  and  71, 
Part  II.] 

NOTICE  ON  APPROACHING  ANY  DITCH— 71.  When- 
ever it  shall  be  intended,  in  forming  or  upholding  any  ditch, 
to  enter  upon  and  occupy  any  part  of  a  placer  claim,  or 
placer  mine  held  as  real  estate,  or  other  land,  or  to  dig  or 
loosen  any  earth  or  rock  within  twenty  feet  of  any  ditch 
thereon,  three  days'  notice  in  writing  of  such  intention  shall 
be  given  to  the  owner  of  such  ditch,  before  entering  or  ap- 
proaching within  twenty  feet  thereof. 

[Sections  72,  73,  74,  75,  76,  77  and  78  are  same  as  Sees. 
73,  74,  75,  76,  77,  78  and  79,  Part  II.] 


i 


".,4! 


IM 


110 


MINING  LAWS   OF    BRITISH   COLUMBIA. 


»T*, 


PART  v.— Mining  Partnerships. 

HOW  GOVERNED— 79.  All  milling  partnerships  shall 
be  governed  by  the  provisions  hereof,  unless  they  shall  have 
other  and  written  articles  of  partnership. 

TO  BE  ANNUAI>— 80.  A  mining  partnership  shall,  un- 
less otherwise  agreed  upon,  be  deemed  to  be  a  yearly  part- 
nership, renewable  from  year  to  year  by  tacit  consent. 

SCOPE  OF— 81.  The  business  of  such  partnership  shall 
be  mining  and  such  other  matters  as  pertain  solely  thereto. 

RIGHTS  OF— 82.  Mining  partnerships  can  locate  and 
record  in  the  partnership  name  a  placer  claim  for  each  part- 
ner who  is  a  free  miner.  Such  partnership  claims  may  be 
located  and  recorded  as  a  set  of  claims,  and  each  such  claim 
shall  be  staked  as  an  ordinary  placer  claim.  One  stake  on 
each  such  claim  shall  be  marked  as  an  initial  stake,  by  writ- 
ing thereon  the  words  "Initial  post."  It  shall  not  be  requi- 
site to  post  more  than  one  location  notice  on  each  set  of 
claims,  which  notice  shall  be  on  the  first  initial  post. 

RECORD  OF  CLAIMS— 83.  A  set  of  claims  may  be  re- 
corded in  one  record.  The  name  of  every  partner,  and  the 
number  of  every  partner's  free  miner's  certificate,  shall  be 
on  the  record  of  every  such  set  of  claims.  The  partnership 
name  shall  appear  on  every  such  record,  and  all  claims  so 
taken  up  shall  be  the  property  of  the  partnership. 

PARTNERS,  TO  VOTE— 84.  A  partner  in  any  mining 
partnership,  or  his  agent  authorized  in  writing,  shall,  at  any 
meeting  thereof,  be  entitled  to  vote  upon  any  interest  or 
fraction  of  an  interest  which  he  may  hold  therein;  but  the 
result  of  the  votes  given  shall  be  determined  by  the  number 
if  the  full  interests  voted  upon,  and  not  by  the  number  of 
partners  voting  at  such  meeting. 

MAJORITY  MAKE  ASSESSMENTS— 85.  A  majority  of 
such  votes  may  decide  when,  how  long,  and  in  what  manner 
to  work  the  partnership  claim,  or  set  of  claims,  the  number 
of  men  to  be  employed,  which  number  shall  not  be  less  than 
one  man  to  each  claim,  and  the  extent  and  manner  of  levy- 
ing the  assessments  to  defray  the  expenses  incurred  by  the 
partnership.  Such  majority  may  also  choose  a  foreman  or 
manager,  who  shall  represent  the  partnership,  and  sue  and 


MINING  LAWS  OF    BRITISH  COLUMBIA. 


Ul 


SO 


be  sued  in  the  name  of  the  partnership  for  assessments  and 
otherwise;  and  he  shall  have  power  to  bind  them  by  his 
contracts.  Every  partner,  or  his  duly  authorized  agent, 
shall  be  entitled  to  represent  his  interest  in  the  partnership 
property  by  work  and  labor,  so  long  as  such  work  and  labor 
be  satisfactory  to  the  foreman  or  manager.  In  the  event  of 
such  partner  or  agent  being  discharged  by  the  foreman  or 
manager,  the  court  having  jurisdiction  in  mining  disputes 
may,  if  requested,  summon  the  foreman  or  manager  before 
it,  and  upon  hearing  the  facts  make  such  order  as  it  shall 
deem  just. 

WHEN  PAYABLE— 86.  All  assessments  shall  be  pay- 
able within  five  days  after  being  made. 

DEFAULT  BY  PARTNER— 87.  Any  partner  making 
default  in  payment  after  receiving  a  notice  certifying  the 
amount  due  by  him,  shall,  if  such  amount  be  correct,  be  per- 
sonally liable  therefor  to  the  partnership,  and  his  interest  in 
the  partnership  property  may  be  sold  by  the  partnership  for 
the  payment  of  the  debt,  and  any  further  assessment  which 
may  have  accrued  thereon  up  to  the  day  of  sale,  together 
with  all  costs  and  charges  occasioned  by  such  default;  and 
if  the  proceeds  of  the  sale  be  insufRcient  to  pay  off  the  sev- 
eral sums  mentioned,  the  court  having  jurisdiction  in  min- 
ing disputes,  upon  being  applied  to,  shall  issue  an  order 
directed  to  the  Sheriff  to  seize  and  sell  any  other  personal 
property  of  the  debtor.  Notices  of  sale  shall,  in  either  of 
the  above  cases,  be  conspicuously  posted  ten  clear  days  prior 
to  the  day  of  sale,  in  the  vicinity  of  such  mining  or  other 
property,  and  on  the  Court  House  or  Mining  Recorder's  office 
nearest  thereto.  But  if  such  partner  be  absent  from  the 
district,  such  notice  shall  be  posted  as  aforesaid  thirty  clear 
days  before  the  day  of  sale,  and  a  copy  of  such  notices  shall 
be  published  in  some  newspaper  circulating  in  the  district 
wherein  such  mining  or  other  property  is  situate  for  the 
same  period.  Such  sple  shall  be  by  public  auction  to  the 
highest  bidder.  The  purchaser  shall  be  entitled  to  posses- 
sion of  the  property  sold,  and  to  a  bill  of  sale  therefor  signed 
by  the  auctioneer;  such  bill  of  sale  shall  confer  such  title 
upon  the  purchaser  as  the  owner  had. 

[Sections  88,  89,  90,  91,  92,  93,  94,  95.  96,  97,  98  and  99  are 
same  as  Sees.  89,  91,  92,  93,  94,  95,  96,  97,  98,  99,  100  and  101, 
Part  III.] 


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MINING  LAWS  OF    BRITISH   COLUMBIA. 


PART  VI.— Bedrock  Flumes. 

APPLICATION  FOR  RIGHT  OP  WAT  FOR  BEDROCK 
FLUME — 100.  One  or  more  free  miners  may  apply  to  the 
Gold  Commissioner  for  a  grant  of  exclusive  rights  of  way 
through  and  entry  upon  any  mining  ground  in  his  district, 
for  the  purpose  of  constructing,  laying  and  maintaining  a 
bedrock  flume. 

HOW  MADE— 101.  Every  such  application  shall  be  in 
writing,  and  shall  be  left  at  the  Mining  Recorder's  oflace,  ad- 
dressed to  the  Gold  Commissioner,  and  shall  state  the  name 
of  the  applicant  and  he  nature  and  extent  of  the  privileges 
sought  to  be  acquired.  Thirty  days'  notice  of  such  applica- 
tion shall  be  given,  by  affixing  the  same  to  some  conspicu- 
ous part  of  the  ground  through  which  the  rights  of  way  are 
asked,  and  a  copy  thereof  upon  the  walls  of  the  Court  House 
or  of  the  office  of  the  Mining  Recorder  of  the  district.  Prior 
to  such  application,  such  ground  shall  be  marked  out  by  legal 
posts,  placed  at  intervals  of  one  hundred  and  fifty  feet  along 
the  proposed  main  line  or  course  of  the  flume,  with  a  notice 
of  such  application  affixed  to  one  of  such  posts.  And  it  shall 
be  competent  for  any  free  miner  to  protest  before  the  Gold 
Commissioner  within  such  thirty  days  against  such  appli- 
cation being  granted,  but  not  afterwards.  Every  application 
for  a  grant  shall  be  accompanied  by  a  deposit  of  one  hundred 
and  twenty-five  dollars,  to  be  left  with  the  Mining  Recorder, 
which  shall  be  refunded  if  the  application  be  refused,  but  not 
otherwise. 

TERM— 102.  Every  such  grant  shall  be  In  writing, 
signed  by  the  Gold  Commissioner,  and  shall  be  for  a  term  not 
exceeding  five  years. 

RIGHTS  OF  GRANTEE— 103.  The  grantee  shall  be  en- 
titled to  the  following  rights  and  privileges,  that  is  to  say; 

(a.)  The  right  of  way  through  and  entry  upon  any  new 
and  unworked  river,  creek,  gulch  or  ravine,  and  the  exclusive 
right  to  locate  and  work  a  strip  of  ground  one  hundred  feet 
wide  and  two  hundred  feet  long  in  the  bed  thereof  to  each 
grantee  named  in  such  grant. 

(b.)  The  right  of  way  through  and  entry  upon  any 
river,  creek,  gulch,  or  ravine  worked  by  miners  for  any 
period  longer  than  two  yean  prior  to  such  entry,  and  alrtady 


MINING    LAWS   OF    BRITISH    COLUMBIA. 


Ut 


wholly  or  partially  abandoned,  and  the  exclusive  right  to 
stake  out  and  work  both  the  unworked  and  abandoned  por- 
tions thereof,  one  hundred  feet  In  width,  and  one-quarter 
mile  in  length,  for  each  grantee  named  in  such  grant: 

(c.)  Such  right  of  way  through  and  entry  upon  any  riv- 
er, creek,  or  ravine  discovered  within  two  years  next  pre- 
ceding the  date  of  his  application  before  mentioned,  and  upon 
any  portions  of  which  any  free  miner  is  legally  holding  and 
bona  fide  working  a  claim,  as  to  the  Gold  Commissioner  may 
seem  advisable: 

(d.)  The  right  of  way  through  and  entry  upon  all  pla- 
cer claims  which  are  at  the  time  of  the  notice  of  application 
before  mentioned  bona  fide  being  worked  by  any  free  miner, 
for  the  purpose  of  cutting  a  channel  and  laying  his  flume 
therein,  with  such  reasonable  space  for  constructing,  main- 
taining, and  repairing  the  flume  as  may  be  necessary:  Pro- 
vided, that  the  owner  of  such  last-mentioned  placer  claim 
shall  be  entitled  to  take  and  receive  the  gold  or  other  min- 
erals found  in  the  cut  so  made: 

(e.)  The  use  of  so  much  of  the  unappropriated  water  of 
the  stream  on  which  the  flumes  may  be  located,  and  of  other 
adjacent  streams,  as  may  be  necessary  for  the  use  of  the 
grantee's  flumes,  hydraulic  power,  and  machinery  to  carry 
on  his  mining  operations,  and  the  right  of  way  for  ditches 
and  flumes  to  carry  the  necessary  water  to  his  works,  sub- 
ject to  the  payment  of  any  damage  which  may  be  done  to 
other  parties  by  running  such  ditches  or  flumes  through  or 
over  their  ground: 

(f.)  The  right  to  all  the  gold  or  other  minerals  In  his 
flumes: 

(g.)  No  person  locating  new  and  unworked  or  aban- 
doned ground  within  the  limits  of  such  grant,  after  the  no- 
tice above  mentioned  has  been  given,  shall  have  any  right  or. 
title  as  against  such  grantee  to  the  ground  so  located. 

CLAIM-HOLDER  MAY  CONNECT  WITH— 104.  A 
holder  of  a  placer  claim  through  which  the  line  of  the  gran- 
tee's flume  is  to  run  may  put  in  a  bed-rock  flume  in  his  claim 
to  connect  with  the  grantee's  flume,  upon  giving  the  grantee 
ten  days'  notice  in  writing  to  that  effect;  but  he  shall  main- 
tain the  like  grade  and  build  his  flume  as  thoroughly  and  of 
as  strong  materials  as  are  used  by  such  grantee. 

DUTIES  OF  CLAIM-HOLDER— 105.  A  claim-holder 
constructing  such  flume  through  his  claim  shall  keep  his 


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MINING   LAWS    OP    BRITISH   COLUMBIA. 


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flume  free  from  obstruction,  and  he  shall  be  entitled  to  all 
the  gold  or  other  minerals  found  therein,  but  he  shall  'je 
subject  to  the  same  regulations  with  regard  to  cleaning  up 
the  flume,  repairs  and  other  matters  in  which  both  parties 
are  interested,  as  may  be  adopted  by  such  grantee;  and  such 
claim-holder  shall  have  the  right  at  any  time  before  the 
abandonment  of  his  claim  to  become  a  partner  of  the  gran- 
tee, by  uniting  his  claim  and  flume  with  the  ground  and 
flume  of  the  grantee,  and  taking  an  interest  proportionate 
to  that  which  he  shall  cede  to  the  grantee;  or  he  may  aban- 
don his  claim  and  flume,  and  such  abandonment  shall  enure 
to  the  use  and  benefit  of  the  grantee. 

WORK  TO  BE  DONE— 106.  The  grantee  shall  lay  at 
least  one  hundred  feet  of  flume  during  the  first  year  of  such 
grant,  and  three  hundred  feet  annually  thereafter,  until  com- 
pletion of  the  flume;  but  the  amount  of  flume  to  be  laid  may 
be  reduced  at  the  discretion  of  the  Gold  Commissioner. 

USE  CLAIM-HOLDER  MAKE  OF  FLUME— 107.  Any 
free  miner  lawfully  working  any  claim  where  a  bed-rock 
flume  exists  shall  be  entitled  to  tail  his  sluices,  hydraulics, 
and  ground  sluices  into  such  flume,  but  so  as  not  to  obstruct 
the  free  working  of  such  flume  by  rocks,  stones,  boulders,  or 
otherwise. 

RECORD  O'F  GRANT,  RENT— 108  The  grantee  shall 
record  his  grant  with  the  Mining  Recorder  within  three  days 
after  obtaining  the  same,  and  pay  for  such  record  the  fee 
provided  in  the  schedule  to  this  Act;  and  he  shall  also  pay 
to  the  Mining  Recorder  annually  a  rent  of  twelve  dollars  and 
fifty  cents  for  each  quarter  of  a  mile  of  right  of  way  legally 
held  under  such  grant. 

INTEREST  OF  GRANTEE— 109.  The  interest  of  the 
grantee  in  his  grant,  and  in  all  flumes  and  flxtures  connect- 
ed therewith,  shall  be  deemed  to  be  a  chattel  interest  equiva- 
lent to  a  lease  for  the  term  of  such  grant. 

EXTENSION  OF  TERM— 110.  Upon  the  expiration  of 
the  grant  for  a  bed-rock  flume,  it  may  be  extended  for  any 
further  term  not  exceeding  five  years  for  any  one  extension, 
at  the  discretion  of  the  Gold  Commissioner. 

FORFEITURE— 111.  Any  grant  of  a  bed-rock  flume 
shall  be  forfeited  whenever  the  grantee  shall  fail  to  comply 
With  the  conditions  thereof,  or  of  this  Act. 


MININI   LAWS    OF    BRITISH    COLUMBIA. 


US 


PART  VII.— Leases. 

LEASES  OF  UNOCCUPIED  LAND  FOR  PLACER  MIN- 
ING, ETC— 112.  (1896,  C.  35,  8.5.)  It  shall  be  lawful  for  the 
Gold  Commissioner,  with  the  sanction  of  the  Lieutenant- 
Governor  in  Council,  to  grant  a  lease  of  any  unoccupied  and 
unreserved  Crown  land  for  placer  mining  purposes  or  for 
precious  stone  diggings  for  any  term  not  exceeding  twenty 
years,  on  such  terms  and  conditions  as  he  shall  think  fit; 
and  any  free  miner  desiring  to  obtain  a  lease  of  any  placer 
mining  ground  shall  mark  out  such  ground  by  placing  a  legal 
post  at  each  corner,  and  shall  post  a  notice  on  the  post  near- 
est to  the  placer  mining  claims  then  being  worked  In  the 
immediate  locality,  and  also  on  the  office  of  the  Mining  Re- 
corder, which  notice  shall  set  out — 

(1.)    The  name  of  each  applicant: 

(2.)     The  locality  of  the  ground  to  be  acquired: 

(3.)     The  quantity  of  ground: 

(4.>    The  term  for  which  such  lease  is  to  be  applied  for. 

« 

APPLICATION  FOR— 113.  (1896,  C.  35,  s.  6.)  The  free 
miner,  after  staking  the  ground  and  posting  the  notices  a. 
aforesaid,  shall,  within  thirty  days,  make  application  In 
writing,  addressed  to  the  Gold  Commissioner,  which  appli- 
cation shall  be  in  duplicate,  with  the  plan  of  the  ground 
on  the  back,  and  shall  leave  the  same  at  the  office  of  the 
Mining  Recorder,  which  application  shall  set  out — 

(1.)    The  name  of  each  applicant: 

The  number  of  each  applicant's  free  miner's  cer- 


(2.) 
tificate: 
(3.) 
(4.) 
(5.) 
(6.) 


The  locality  of  the  ground: 
The  quantity  of  ground: 
The  term  of  the  lease  desired: 
The  rent  proposed  to  be  paid. 


TRIPLICATE  GROUND  PLAN— 114.  (1896,  C.  35,  s.  7.) 
On  making  such  application  the  free  miner  shall  deposit 
with  the  Mining  Recorder,  for  the  use  of  the  Gold  Commis- 
sioner, a  plan  of  the  ground,  in  triplicate.  And  every  per- 
son making  application  for  a  lease  of  mining  ground  for  any 
purpose  under  the  provisions  of  this  Act  shall  deposit  the 
sum  of  twenty  dollars  with  the  Gold  Commissioner  at  ihe 
time  the  application  is  made.  If  the  application  is  granted, 
the  twenty  dollars  deposited  to  be  applied  toward  the  pay- 


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MINING    LAWS    OF    BRITISH    COLUMBIA. 


ment  of  the  first  year's  rent,  and  the  balance  of  the  tlrst 
year's  rent  shall  be  paid  by  the  applicant  within  sixty  days 
after  the  Gold  Commissioner  gives  him  notice  of  the  execu- 
tion of  the  lease,  which  notice  may  be  sent  by  letter  to  the 
applicant  to  his  address;  such  address  to  be  left  with  the 
Qold  Commissioner  when  the  application  for  the  lease  is 
made.  If  the  application  is  not  granted,  the  twenty  dollars 
deposited  is  to  be  returned  to  the  applicant;  but  in  case  the 
applicant  fails  to  perform  his  part  in  accordance  with  hi» 
application,  then  the  twenty  dollars  deposited  shall  be  for- 
feited to  the  government,  and  his  application  shall  be  void. 
115.     (Repealed  by  1896,  c.  35,  s.  8.) 

AREAS— 116.  (1896,  c.  35,  s.  9.)  Applications  shall  not 
be  for  greater  than  the  following  areas  or  distances: 

In  creek  diggings  on  abandoned  or  unworked  creeks, 
half  a  mile  in  length: 

Any  other  placer  mining  ground,  eighty  acres;  but  In  ao 
case  shall  any  lease  extend  along  any  creek  or  river  more 
than  five  hundred  yards,  creek  diggings  excepted: 

Precious  stone  diggings,  ten  acres;  but  the  right  to  mine 
for  precious  stone  shall  not  include  the  right  to  mine  for  gold 
or  other  precious  metals,  unless  the  ground  be  held  also  for 
that  purpose  separately,  under  the  provisions  of  this  Act: 

Provided,  always,  that  nothing  in  this  Act  shall  be 
deemed  to  affect  the  right  of  any  holder  of  a  lease  of  placer 
mining  ground  to  a  renewal  thereof,  if  such  holder  has  sub- 
stantially made  and  performed  upon  the  ground  the  labor, 
work,  and  expenditure  required  by  such  lease  as  a  condition 
of  renewal  thereof. 

AGRICULTURAL  OR  OCCUPIED  GROUND— 117. 
(1894,  c.  33,  s.  6.)  A  lease  shall  not  be  granted  for  any  min- 
ing ground  any  portion  of  which  is  actually  occupied  by  free 
miners,  unless  witb  the  consent  of  such  occupiers;  and  no 
lease  shall  be  granted  for  any  mining  ground  which  is,  in 
the  opinion  of  the  Gold  Commissioner,  available  for  agri- 
cultural purposes. 

GOLD  COMMISSIONER,  POWERS  OF— 118.  (1896,  c. 
35,  s.  10.)  The  Gold  Commissioner  may,  with  the  sanction 
of  the  Lieutenant-Governor  in  Council,  grant  or  refuse  any 
application  for  a  lease  of  placer  mining  ground,  or  modify 
the  terms  and  conditions  of  such  application  as  he  shall 
think  fit. 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


Ill 


APPLICATIONS,  PLAN  ANNEXED— 119.  (1896,  C  35, 
B.  11.)  Every  application  fpr  a  lease  of  placer  mining 
ground,  together  with  the  plan  of  the  ground  and  the  Gold 
Commissioner's  report  thereon,  shall  be  forwarded  by  such 
Gold  Commissioner  to  the  Lieutenant-Governor  in  Council, 
and  no  lease  shall  be  granted  on  any  such  application  with- 
out his  sanction. 

LEASES  TO  BE  WRITTEN— 120.  (1896,  c.  35,  s.  12.) 
Every  lease  of  mining  ground  shall  be  in  writing  signed  by 
the  Gold  Commissioner  and  the  lessee,  and  shall  be  in  dupli- 
cate or  triplicate,  as  the  case  may  require,  and  one  copy  of 
every  such  lease  shall,  as  soon  as  possible  after  it  is  issued, 
be  transmitted  by  mail  by  the  Gold  Commissioner  issuing  the 
same,  to  be  filec^  in  the  office  of  the  Mining  Recorder  in  the 
mining  division  of  the  district  in  which  the  mining  ground 
leased  is  situated. 

CONTENTS  OF— 121.  Every  lease  shall  provide  for  se- 
curing to  the  public  reasonable  rights  of  way  and  water, 
and  shall  contain  a  covenant  by  the  lessee  to  mine  the 
ground  in  a  miner-like  manner,  and  shall  contain  such  cov- 
enants for  the  continuous  working  of  such  ground  as  the 
Gold  Commissioner  shall  think  reasonable,  and  shall  re- 
serve the  right  to  frea  miners  to  enter  on  such  ground  and 
mine  for  veins  or  lodes,  as  defined  by  the  "Mineral  Act, 
1891." 

FORFEITURE  OF— 122.  (1896,  c.  35,  s.  13.)  On  the 
non-performance  or  non-»>bservance  of  any  covenant  or  con- 
dition in  any  lease,  such  lease  shall  be  declared  forfeited 
by  the  Gold  Commissioner,  subject  to  the  approval  of  the 
Minister  of  Mines,  unless  good  cause  is  shown  to  the  con- 
trary. After  any  such  declaration  of  forfeiture,  the  mining 
ground  shall  be  open  for  location  by  any  free  miner.  No 
lease,  whether  made  before  or  after  the  passage  of  this  Act, 
shall  hereafter  be  declared  forfeited,  except  in  accordance 
with  this  section. 

TO  BE  ONLY  FOR  PLACER  MININGS— 123.  Leases 
shall  be  granted  for  placer  mining  only,  and  shall  not  be 
assigned  or  sub-let  without  the  written  consent  of  the  Gold 
Commissioner. 

GRANT  OF  WATER— EXTENSION— FORFEITURE— 
124.  (1896,  c.  35,  s.  14.)  When  any  placer  mining  ground 
is  held  under  lease,  the  lessee  of  such  mining  ground  shall 


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MINING    LAWS    OP    BRITISH    COLUMBIA. 


1 


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■    ■  •  ■ 


be  entitled  to  a  free  grant  from  the  Gold  Commissioner  of 
such  quantity  of  unappropriated  water,  from  any  stream  or 
lake,  together  with  the  right  and  privilege  to  construct,  erect, 
and  maintain  dams,  gates,  and  flumes  for  the  purpose  of  di- 
verting, storing,  and  controlling  such  water  as  may,  in  the 
opinion  of  the  Gold  Commissionei*.  be  necessary  to  work  the 
said  mining  ground  efficiently,  anC  shall  have  the  right  of 
way  through  any  mining  ground  ter  the  purpose  of  con- 
structing ditches  and  flumes  to  convey  such  water  to  the  min- 
ing ground  so  held,  which  grant  shall  be  for  the  same  term 
for  which  the  mining  ground  is  leased.  Whenever  such 
mining  ground  shall  have  been  efficiently  worked  as  required 
by  the  conditions  of  the  lease,  to  the  satisfaction  of  the  Gold 
Commissioner,  and  if  at  the  expiration  of  the  lease  a  por- 
tion of  said  mining  ground  remains  still  to  be  worked,  the 
lessee  may  obtain  an  extension  of  the  lease  and  grant,  upon 
the  same  conditions  as  the  original  lease  and  grant,  for  such 
reasonable  time  as  will  enable  him  to  work  out  such  por- 
tion of  said  mining  ground  as  still  remains  unworked,  and 
the  Gold  Commissioner  may,  with  the  sanction  of  the  Lieu- 
tenant-Governoi  in  Council,  grant  such  extension  by  memor- 
andum endorsed  on  the  lease;  Provided,  that  whenever  the 
mining  ground  so  held  under  lease  has  been  forfeited,  aban- 
doned, or  worked  out,  or  the  occasion  for  the  use  of  the  wa- 
ter upon  such  mining  ground  shall  have  permanently  ceased, 
the  grant  of  such  water  shall  terminate.  But  in  any  case 
where  the  ditch  or  flume  constructed  for  conveying  such  wa- 
ter shall  have  a  carrying  capacity  of  not  less  than  five  hun- 
dred inches,  and  shall  have  cost  not  less  than  five  thousand 
dollars,  such  ditch  or  fiume  shall  remain  the  property  of  the 
owner  thereof. 

PROCEDURE  TO  OBTAIN  GRANT— 124a.  (1896,  c.  35, 
8.  15.)  Before  applying  for  any  such  water  grant,  the  holder 
of  a  lease  shall — 

(1.)  Post  a  notice  in  writing  on  a  legal  post  upon  some 
conspicuous  part  of  the  mining  ground  on  which  such  water 
is  intended  to  be  used,  and  a  copy  of  such  notice  on  the 
office  of  the  Mining  Recorder  for  at  least  twenty  days,  which 
notice  shall  contain  the  following  particulars: 

(a.)    The  name  of  each  applicant: 

(b.)  The  number  of  each  applicant's  free  miner's  certi- 
ficate: 

(c)     The  name,  or  if  unnamed,  a  sufficient  description 


:*«.|. 


IBIA. 


MINING    LAWS   OF    BRITISH    COLUMBIA. 


U9 


imissioner  of 
ny  stream  or 
nstruct,  erect, 
mrpose  of  di- 
5  may,  in  the 
r  to  work  the 
5  the  right  of 
'pose  of  con- 
er  to  the  min- 
he  same  term 
henever  such 
3c>  as  required 
n  of  the  Gold 
lease  a  por- 
I  worked,  the 
d  grant,  upon 
rant,  for  such 
)ut  such  por- 
iworked,  and 
I  of  the  Lieu- 
)n  by  memor- 
wrhenever  the 
rfeited,  aban- 
se  of  the  wa- 
lently  ceased, 
t  in  any  case 
ing  such  "Vid- 
tian  five  hun- 
Bve  thousand 
operty  of  the 

(1896,  c.  35, 
t,  the  holder 

5t  upon  some 

1  such  water 

otice  on  the 

days,  which 


liner's  certi- 
:  description 


of  the  stream,  lake,  or  other  source  from  which  such  water 

is  intended  to  be  taken: 

(d.)    The  point  of  diversion  or  intended  ditch-head: 
(e.)     The  number  of  inches  of  water  applied  for: 
(f.)    The  purpose  for  which  it  is  required: 
(g.)     The  date  of  the  notice. 

OONSODIDATION  OF  CLAIMS— 124b.  (1896,  c.  35,  s. 
15.)  Any  free  miner,  or  two  or  more  free  miners,  holding 
adjoining  leases  of  placer  mining  ground,  may  consolidate 
his  or  their  holdings  into  one  holding,  not  to  exceed  six  hun- 
dred and  forty  acres,  by  filing  with  the  Mining  Recorder  a 
declaratory  statement  containing  the  name  of  the  company 
or  partnex'ship  which  is  to  hold  the*  consolidated  lease,  the 
location  and  size  of  each  lease,  and  the  particular  interest 
of  each  free  miner  in  the  leases  to  be  consolidated,  and  such 
statement  shall  be  signed  by  the  holder  or  holders  of  the 
leases  to  be  consolidated.  After  filing  such  declaratory 
statement,  such  free  miner,  or  free  miners,  shall  be  allowed 
in  each  and  every  year  to  perform  on  any  one  or  more  of 
such  leases  all  the  work  that  is  necessary  to  be  performed 
to  hold  all  such  leases,  and  any  water  grant  that  has  been 
made  for  the  working  of  any  one  of  such  leases  shall,  after 
the  consolidation  of  such  leases,  be  appurtenant  to  and  may 
he  used  on  any  one  of  such  consolidated  leases;  and  provided 
further,  that  when  two  or  more  leases  have  been  consoli- 
dated into  one  holding,  as  provided  in  this  section,  and  such 
leases  contain  a  provision  that  a  certain  amount  of  money 
shall  be  expended  ia  working  each  of  such  leases  each  year 
in  order  to  hold  it,  the  holder  or  holders  of  such  leases  may, 
in  lieu  of  the  required  expenditure  in  work  on  such  leases 
in  each  year,  pay  to  the  Mining  Recorder  of  the  Mining  Di- 
vision in  which  such  leases  are  situate,  a  sum  equal  to 
twenty-five  per  cent,  of  the  aggregate  amount  required  to 
be  so  expended  in  work  on  the  consolidated  leases,  and  re- 
ceive from  such  recorder  and  record  a  receipt  for  such  pay- 
ment; and  payment  and  record  thereof  in  any  year  shall  re- 
lieve the  person  making  it  from  the  necessity  of  doing  any 
work  during  the  year  in  and  for  which  and  upon  the  lea.=je 
in  respect  of  which  such  payment  is  recorcied. 

RECORD  OiF  WATER  GRANTS— 125.  (1896,  c.  35,  s. 
16.)  Every  grant,  and  every  extension  of  a  gri^nt,  of  a  water 
right  for  mining  grounds  leased  shir,  be  recorded  In  the 


120 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


i 

"A 


i 


f^- 


"Record  of  Water  Grants,"  but  it  shall  not  be  necessary  to 
record  such  grant  or  extension  annually. 

LEASE  OF  RIVER  BED,  ETC.— 126.  (1895,  c.  40,  s.  8.) 
It  shall  be  lawful  for  the  Gold  Commissioner,  with  the  sanc- 
tion of  the  Lieutenant-Governor  in  Council,  to  grant  a  lease 
for  any  term,  not  exceeding  twenty  years,  of  the  bed  of  any 
river  below  low  water  mark  for  dredging  purposes,  for  a 
distance  not  exceeding  five  miles,  upon  such  terms  as  ne 
shall  think  fit:  Provided,  always,  that  every  such  lease 
shall  reserve  the  right  to  every  free  miner  or  mining  com- 
pany to  run  tailings  into  such  river  at  any  point  thereon, 
also  to  mine  two  feet  below  the  surface  of  the  water  at  low 
water  mark,  by  putting  in  wing-dams,  whether  such  free 
miner  shall  locate  before  or  after  the  date  of  such  lease;  and 
it  shall  be  lawful  for  the  holder  or  holders  of  any  lease  or 
leases,  whether  granted  before  or  after  the  passing  of  this 
Act,  engaged  in  dredging  for  gold  in  any  such  river,  at  the 
time  when  they  may  be  engaged  in  dredging,  to  cut  into  any 
bar,  bench,  or  old  channel  on  any  of  the  banks  of  such  river 
on  which  they  hold  leases,  or  mine  in  any  bench  or  bank 
thereof  during  high  or  low  water,  provided  the  same  ground 
is  not  leased  under  the  "Placer  Mining  Act,  1891,"  and 
amending  acts,  or  any  other  act,  or  is  not  at  such  time  beiag 
worked  by  free  miners,  the  right  being  always  reserved  to 
free  miners  to  construct  wing-dams  as  far  as  may  be  de- 
sired into  any  of  such  bars,  banks  or  benches  for  the  pur- 
pose of  conducting  mining  operations  either  by  sluice  or 
rocker,  and  parties  holding  such  dredging  leases  shall  not  in 
any  manner  interfere  with  any  free  miner  or  stop  him  from 
working  any  part  of  said  rivers  or  benches,  otherwise  than 
by  dredging,  of  which  the  holders  of  such  leases  shall  have 
the  full  right. 


^0^•>'- 


Dredgers  —  Protection. 

DREDGERS— 126a.  (1895,  c.  40,  s.  9.)  It  shall  not  be 
lawful  for  any  free  miner  to  construct  wing-dams  within 
one  thousand  feet  of  any  dredger  while  working,  nor  to  ob- 
struct any  dredger  in  any  manner. 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


m 


m 


sary  to 

),  s.  8.) 
e  sanc- 
a  lease 
of  any 
for  a 
as  ne 
lease 
?  com- 
lereoii, 
at  low 
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le;  and 
jase  or 
of  this 
at  the 
to  any 
river 
banlc 
round 
,"  and 
;  being 
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be  de- 
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a  from 
B  than 
I  have 


lot  be 
within 
to  ob- 


PART  VIII. 

Mining  Recorders— Appointment,  Duties/Powers. 

(Sections  127,  128,  129  and  130  are  same  as  sections  103, 
104,  105  and  106,  part  4.) 

BOOKS  KEPT  BY  MINING  RECORDER— 131.  Every 
Mining  Recorder  shall  keep  the  following  books,  to  be  used 
for  placer  mining  entries: 

(a.)    A  book  to  be  known  as  the  "Record  Book:" 

(b.)  A  book  to  be  known  as  the  "Record  of  Abandon- 
ments:" 

(c.)    A  book  to  be  known  as  the  "Record  of  Affidavits:" 

(d.)  A  book  to  be  know  as  the  "Record  of  Convey- 
ances:" 

(e.)  A  book  to  be  known  as  the  "Record  of  Water 
Grants." 

RECORD  AND  RE-RECORD  OP  CLAIMS— 132.  Upon 
the  application  of  or  on  behalf  of  any  free  miner,  and  upon 
receipt  of  all  the  particulars  required  by  section  23  of  this 
Act,  the  Mining  Recorder  shall  record  any  placer  claim,  by 
entering  all  the  particulars  required  by  said  section  in  the 
Record  Book,  which  entry  shall  be,  as  near  as  convenient,  in 
the  Form  B  in  the  Schedule  to  this  Act.  Upon  the  applica- 
tion of  or  on  behalf  of  any  free  miner,  and  upon  receipt  of 
all  the  particulars  required  by  section  28  of  this  Act,  the 
Mining  Recorder  shall  re-record  any  placer  claim,  by  enter- 
ing all  the  particulars  required  by  said  section  in  the  Record 
Book,  which  entry  shall  be,  as  near  as  convenient,  in  Form 
C  in  the  Schedule  to  this  Act.  The  Mining  Recorder  shall 
not  make  any  such  record  until  he  has  received  all  the  par- 
ticulars required  by  section  23,  and  any  record  made  in  vio- 
lation of  this  section  shall  be  absolutely  void. 

LAY.OVER— 133.  The  Mining  Recorder  shall  record 
every  lay-over,  leave  of  absence,  license  permit,  and  other 
pri/ilege  granted  and  forfeiture  declared  by  the  Gold  Com- 
missioner in  the  Record  Book. 

WATER  GRANT— 134.  The  Mining  Recorder  shall  re- 
cord all  water  j-rants  and  extensions  thereof  in  the  Record 
of  Water  Grants. 

(Sections  135,  136,  137,  138, 139,  140, 141  and  142  are  same 
as  sections  113,  114,  115,  116,  117,  118,  119  and  122,  part  4.) 


mil 


III 


12S 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


REX:ORDER  TO  RECMVB  DOCUMENTS— 143.  The 
Mining  Recorder  shall  receive  all  applications  and  other 
documents  addressed  to  or  intended  for  the  Gold  Commis- 
sioner, and  forward  the  same  to  the  Gold  Commissioner. 

TO  RECEIVE  MONEY— 144.  The  Mining  Recorder 
shall  receive  all  deposits  of  money  directed  to  be  made  by 
this  Act,  and  apply  the  same  as  directed  by  this  Act. 

TO  COLLECT  RENT— 145.  The  Mining  Recorder  shall 
collect  all  rents  collectible  under  the  conditions  of  any  lease 
or  other  documents  granted  under  the  provisions  of  this  Act. 

MONEYS  TO  BE  PAID  INTO  TREASURY— 146.  The 
Mining  Recorder  shall  forward  to  the  Provincial  Treasury 
all  fees,  rents,  lines,  penalties,  and  other  moneys  collected  or 
obtained  by  him  in  accordance  with  the  provisions  of  this 
Act. 

(Sections  147,  148  and  149  are  same  as  sections  123,  124 
and  125,  part  4.) 

HOURS— 150.  The  Mining  Recorder's  office  shall  be 
open  upon  all  days,  excepting  public  holidays,  from  10  a.  m. 
to  4  p.  m.,  and  such  times  shall  be  deemed  the  office  hours  of 
such  office. 


i 


m 


PART  IX. — Gold  Commissioner's  Powers. 

POWERS  OP  COMMISSIONER— 151.  Tt  shall  be  lawful 
for  the  Gold  Commissioner  to  perform  the  following  acts 
in  accordance  with  the  provisions  of  this  Act: 

(a.)  He  may  lay  over  any  or  all  claims,  and  may  grant 
to  any  holder  of  a  claim  leave  of  absence  for  such  period 
and  reasons  as  he  may  think  proper: 

(b.)  He  may  prescribe  the  number  of  miners  who  shall 
be  required  to  work  in  prospecting  a  set  of  claims  until  gold 
in  paying  quantities  is  found: 

(c.)  'For  the  more  convenient  working  of  back  claims 
on  benches  or  slopes,  the  Gold  Commissioner  may  permit  the 
owners  thereof  to  drive  a  tunnel  through  the  claims  fronting 
on  any  creek,  ravine,  or  water-course,  upon  such  terms  as 
shall  see^  expedient:  Provided  that  in  tunneling  under 
hills,  on  I  ac  frontage  of  which  angles  occur,  or  which  may  oe 
of  an  obiong  or  elliptical  form,  no  party  shall  be  allowed  to 
tunnel  from  any  of  the  said  angles,  nor  from  either  end  of 


■■ 


MINING   LAWS   OF   BRITISH    COLUMBIA. 


12S 


such  hills,  so  as  to  interfere  with  parties  tunneling  from 
the  main  frontage: 

(d.)  He  may  mark  out  a  space  of  ground  for  deposits 
of  leavings  and  deads  from  any  tunnel,  claim,  or  mining 
ground,  upon  such  terms  as  he  may  thinlt  just: 

(e.)  He  may  extend  the  limits  of  a  claim  in  "bench  dig- 
gings" beyond  te  limits  of  the  bench,  but  not  to  exceed 
100  feet  square: 

(f.)  He  may,  in  case  of  disputed  boundaries  or  meas- 
urements, employ  a  surveyor  to  mark  and  define  the  same, 
and  cause  the  reasonable  expense  thereof  to  be  paid  by 
either  or  both  of  the  parties  interested  therein: 

(g.)  He  may  permit  or  order  mining  posts  to  be 
moved: 

(h.)  He  may  summarily  order  any  mining  works  to  be 
so  carried  on  as  not  to  interfere  with  or  endanger  the  safe- 
ty of  the  public,  any  public  work  or  highway,  or  any  min- 
ing property,  mineral  claim,  placer  claim,  bed-rock  drain, 
or  bed-rock  flume;  and  any  abandoned  works  may  by  his 
order  be  either  filled  up,  or  guarded  to  his  satisfaction,  at 
the  cost  of  the  party  who  may  have  constructed  the  same, 
or,  in  his  absence,  upon  such  terms  as  he  shall  think  fit: 

(i.)  He  may,  upon  application  made  to  him,  allow  a 
free  miner  such  right  of  entry  upon  any  adjacent  claim  as 
may  be  necessary  for  the  working  of  his  claim,  and  upon 
such  terms  as  may  to  him  seem  reasonable: 

(j.)  He  may  grant  licenses  and  rights  of  way  for  the 
purpose  of  constructing  drains  or  tunnels,  and  may  exer- 
cise such  powers  as  are  specified  in  Part  III.  of  this  Act: 

(k.)  He  may  grant  water  rights,  and  renew  the  same, 
and  declare  the  same  forfeited,  and  grant  all  such  privi- 
leges, and  exercise  such  powers  ai  are  specified  in  Part  IV. 
of  this  Act: 

(1.)  He  may  grant  rights  of  way  for  the  purpose  of  con- 
structing a  bed-rock  flume,  and  may  extend  the  grant  at  its 
expiration,  in  accordance  with  Part  VI.  of  this  Act: 

(m.)  He  may  grant  leases  of  placer  mining  ground,  and 
of  unappropriated  water  to  work  the  same,  and  may  grant 
renewals  of  such  leases,  and  grant  such  privileges  and  exer- 
cise all  such  powers  as  are  specified  in  Part  VII.  of  this 
Act: 

GRANTS  UNDER  G.  M.  A.  ACT,  1873—152.  Not- 
withstanding   anything    contained    in    the    "Gold    Mining 


m 

'^ 


124 


MINING    LAWS    OF   BRITISH   COLUMBIA. 


Amendment  Act,  1873,"  or  in  any  Crown  grant  issued  under 
the  said  Act,  or  under  this  or  any  other  Act,  it  shall  be  law- 
ful for  the  Gold  Commissioner,  in  his  discretion,  and  with  or 
without  any  terms  or  conditions,  to  allow  to  the  owners  of 
placer  claims  all  such  rights  or  privileges  in  and  over  min- 
eral or  other  claims  held  as  real  estate  as  may  be  allowed 
in  and  over  claims  not  so  held;  and  owners  of  claims  held  as 
real  estate  shall  be  entitled  to  the  same  rights  and  privileges 
as  owners  of  claims  not  so  held. 

POWER  TO  CARRY  OUT  ACT— 153.  The  Gold  Com- 
missioner shall  have  power  to  do  all  things  necessary  or  ex- 
pedient for  the  carrying  out  of  the  provisions  of  this  Act. 


Administration. 


% 


DECEASED  MINER'S  PROPERTY— 154.  The  Gold 
Commissioner  shall  take  possession  of  the  mining  property 
of  any  deceased  free  miner,  and  may  cause  such  mining  pro- 
perty to  be  duly  worked,  or  dispense  therewith  at  his  option. 

ESTATE  OP  INTESTATE  DECEASED  MINER— 155. 
The  Gold  Commissioner,  or  any  person  authorized  by  him, 
shall  take  charge  of  all  the  property  of  any  deceased  free 
miner  until  the  issue  of  letters  of  administration  or  probate 
of  the  will,  if  any:  Provided,  however,  that  where  any  free 
miner  shall  die  intestate,  and  the  value  of  the  personal  es- 
tate of  such  deceased  free  miner  is  less  than  three  hundred 
dollars,  it  shall  not  be  necessary  for  the  Gold  Commissioner 
to  obtain  from  any  court  letters  of  administration,  but  )n 
p  3h  case  the  Gold  Commissioner  may  administer  and  wind 
i>  the  personal  estate  of  the  deceased,  and  do  all  things 
L  3ssary  and  proper  therefor,  and  act  in  all  respects  as  if 
letters  of  administration  to  the  personal  estate  of  such  de- 
ceased free  miner  had  been  granted  to  such  Gold  Commis- 
sioner and  the  Gold  Commissioner  shall  produce  and  pass  his 
accounts,  in  each  estate  of  which  he  shall  undertake  the  ad- 
ministration, before  a  Judge  of  the  County  Court  of  th«  dis- 
trict. 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


1» 


under 

law- 

ith  or 

era  of 


PART  X.— County  Courts. 


JURISDICTION,  PROCEDURE  FORnS.  AND  COSTS. 

(Section  156,  see  144,  part  8,  omitting  subsection  11.) 
Sections  157,  158,  159,  160,  161,  162,  163,  164  and  165  are 

same  as  sections  145,  146,  147,  148,  149,  150,  151,  152  and  153, 

part  6,  Mineral  Act.) 

JURISDICTION,  SUPREME  COURT— 166.  The  Juris- 
diction given  to  the  County  Court  by  this  Act  shall  not  in 
any  manner  interfere  with  or  lessen  the  jurisdiction  of  the 
Supreme  Court. 


PART  XI.— Penal  and  Miscellaneous. 

(Section  167  is  same  as  section  154.  part  8.) 
PENALTIES— 168.  All  fines  and  penalties  imposed  or 
payable  under  this  Act  may  be  recovered  by  distress  and 
sale  of  any  mining  or  other  personal  property  of  the  offend- 
er, and  in  default  by  imprisonment,  with  or  without  hard 
labor,  for  any  term  not  exceeding  three  months. 

FINES,  ETC.~169.  All  fees,  rents,  fines,  penalties  and 
other  moneys  collected  under  this  Act  shall  be  paid  into  the 
Provincial  Treasury. 

(Section  170  is  same  as  section  1.57,  part  8.) 

COPIES  OF  ACT— 171.  Every  free  miner,  on  applica- 
tion to  the  Mining  Recorder,  shall  be  entitled  to  a  printed 
copy  of  this  Act. 

(Section  172  is  same  as  section  159,  part  8.) 


Taxation. 

MINES  AND  MONEYS  INVESTED  NOT  EXEMPT— 173. 
(1895,  c.  40,  s.  12.)  Notwithstanding  anything  contained  in 
the  said  "Placer  Mining  Act,  1891,"  or  amendments  thereto, 
mines  and  moneys  Invested  therein  shall  not  be  exempt 
from  taxation,  but  shall  bear  such  rate  as  may  be  imposed 
by  any  law  in  force  in  the  Province. 

(Section  174  is  same  as  section  161,  part  8,  except  read 
"Placer  Mining  Act,  1891,"  instead  of  "section  9  of  this  Act." 


v» 


MINING   LAWS    OP   BRITISH    COLUMBIA, 


PENDING  LITIGATION  NOT  AFFECTED— 175.  (1895, 
c.  40,  s.  14.)  Nothing  in  this  Act  (1895,  c.  40,  s.  14)  shall  af- 
fect litigation  pending  on  the  first  February,  1895. 

CoE^mation. 

SHORT  TITLE— 1.  TLis  Act  may  be  cited  as  the  "Min- 
eral Claim  Confirmation  Act,  1893." 

NOT  TO  AFFECT  THE  TITLE  TO  CERTAIN  CLAIMS. 
2.  The  title  to  any  claim  bona  fide  located  in  accordance  with 
the  provisions  of  the  "Mineral  Act,  1891,"  after  the  passage 
of  the  "Mineral  Act  (1891)  Amendment  Act,  1892,"  but  be- 
fore the  receipt  by  the  Mining  Recorder  of  the  district  in 
which  such  claim  is  recorded  of  intelligence  that  such 
Amendment  Act  had  been  passed,  and  of  the  nature  of  the 
provisions  respecting  the  size,  shape,  and  method  of  staking 
mineral  claims  thereby  substituted  for  the  provisions  pre- 
viously existing  shall  be  in  no  wise  affected  or  prejudiced  by 
the  passage  of  the  said  Acts. 


LODE   CLAIMS. 


FORMS  USED   UNDER   BRITISH  COLUMBIA  LAWS. 

(From  Statutes,  1896.) 

Form    A— LOCATION    NOTICE. 

Mineral  Claim. 

I have  thia  day  located  this  ground  as  a  mineral  claim, 

to  be  known  as  the Mineral  Claim feet  In  length  by 

feet  In  breadth.    The  direction  of  the  location  line  Is  

and  feet  of  this  claim  lie  to  the  right  and feet  to  th« 

left  of  the  location  line.  

Dated  this  ....  day  of ,  189.. 

Take  care  to  number  the  posts  1,  2,  making  the  Initial  post  1. 

•  Form   B— RECORD     OP    MINERAL    CLAIMS. 

Mineral  Claim.      No.  of  Certificate 

Located  by:  (Set  out  the  name  and  receipt  form  of  payment  (^ 


MINING   LAWS   OF   BRITISH    COLUMBIA. 


U7 


the  record  fee  of  each  locator,  and  the  No.  of  each  locator  ■  Free 
Miner's  Certificate  opposite  such  name.) 

The  claim  Is  situate ,.      . 

The  direction  of  the  location  line  la 

The  length  of  the  claim  Is feet. 

The  claim  was  located  on  the  day  of ,  18».. 

Recorded  th;»  day  ot  .......  189..     ^^^^^^  ^^^^^^^^^^ 

(If  the  stakes  are  not  on  the  location  line,  comply  with  sec.  IS.) 
Form    C-RECORD    OF    PARTNERSHIP    MINERAL    CLAIM. 

g  Mineral  Claim. 

Located  In  the  partnership  name  of  

The  members  of  the  partnership,  and  the  Nos.  of  their  re- 
spective Free  Miner's  Certificates  are  

The  receipt  form  of  payment  of  the  record  fee. 

The  claim  is  situate 

The  dirfction  of  the  location  line  Is 

The  length   of   the   claim   is   feet. 

The  claim  was  located  on  the day  of 189.. 

Recorded  this  day  of  ,  189..  _ 

,  Mining  Recorder. 

(If  the  stakes  are  not  on  the  location  line,  comply  with  sec.  18.) 

Form  D— APPLICATION    FOR    CERTIFICATE    OF    WORK. 


free  miner,  make 


Aflidavit. 

I ,  of  In  the  District  of  .... 

oath  and  say: 

I  have  done,  or  caused  to  be  done,  work  on  the Mineral 

claim,  situate  at ,  in  the  District  of ,  to  the  value  of  at 

least  one  hundred  dollars,  since  the day  of ,  189..    The 

following  is  a  detailed  statement  of  such  work:  (Set  out  full 
particulars  of  the  work  done  in  the  twelve  months  in  which  such 
work  is  required  to  be  done  by  sec  24.) 

Sworn,  etc.  

(This  affidavit  may  be  made  by  an  agent,  and  can  be  altered 
to  suit  circumstances.) 

Form  E— CERTIFICATE    OF    WORK. 

(Name  of  claim)  Mineral  Claim. 
This  is  to  certify  that  an  aflidavit  setting  out  a  detailed  state- 
ment of  the  wo)k  done  on  the  above  claim  since  the  day  of 

189.,  made  by has  this  day  been  filed  in  my  office,  and 

In  pursuance  of  the  provisions  of  the  act  in  that  behalf,  I  do  now 
issue  this  certificate  of  woik  in  respect  of  the  above  claim  to 


Dated 


.,  Gold  Commissioner  or  Mining  Recorder. 


Form  F— CERTIFICATE    OF    IMPROVEMENTS. 

Notice. 

Mineral  Claim. 

Situate  In  the Mining  Division  of  District. 

i^^her©  located 

Take  notice  thut  I Free  Miner's  Certificate  No. 

.,  Intend,  sixty  days  from  the  date  hereof,  to  apply  to  the 


I 


m 


Ml 


128 


MINING   LAWS    OF    BRITISH   COLUMBIA. 


mining  recorder  for  a  certificate  of  improvements,  for  the  purpose 
of  obtaining  a  Crown  grant  of  the  above  claim. 

And  further  take  notice,  that  action,  under  section  37,  must 
be  commenced  before  the  Issuance  of  such  certificate  of  improve- 
ments.   

Dated  this day  of ,  189.. 

Form  O— APPLICATION  FOR  CERTIFICATE  OF  IMPROVE- 
MENTS. 

Applicant's  Affidavit. 

I of ,  in  the  District  of make  oath  and 

say: 

1.  I ,  the  recorded  holder,  and  am  In  undisputed 

Eossession  of  the  Mineral  Claim,  situate  at  in  the 
Ustrict  (or  Division)  of  

2.  I liave  done,  or  caused  to  be  done,  work  on  the 

said  claim  in  developing  a  mine  to  the  value  of  at  least  five  hun- 
dred dollars,  full  *partlculars  whereof  are  hereunto  annexed  and 
marked  "A  " 

3.  I '. ,  found  a  vein  or  lode  within  the  limits  of  the 

said  claim. 

4.  I,  ,  had  the  claim  surveyed  by who 

has  made  three  plats  of  the  said  claim. 

5.  I ,  placed  one  such  plat  on  a  conspicuous  part 

of  the  land  embraced  in  such  plat  on  the day  of ,  189.. 

6.  I posted  a  copy  of  the  notice  hereunto  annexed, 

and  marked  "B,"  at  the  same  place  as  said  plat  Is  posted,  on  the 

day  of 189.,  and  another  copy  of  the  Mining  Recorder's 

office  at  on  the  day  of  189.,  which  said  notice 

and  plat  have  been  posted,  and  have  remained  posted,  for  at 
least  sixty  days  concurrently  with  the  publication  of  the  said 
notice  in  the  British  Columbia  Gazette. 

7.  I .,  inserted  a  copy  of  the  said  notice  In  the 

British  Columbia  Gazette,  where  It  first  appeared  on  the  

day  of 189.,  and  In  the ,  a  newspaper  published  in  the 

province  and  circulating  in  the  district  in  which  the  said  claim 

is  situated,  where  It  first  appeared  on  the day  of 189., 

and  was  continuously  published  for  sixty  days  concurrently  with 
the  publication  of  the  said  notice  In  the  British  Columbia  Ga- 
zette prior  to  the  date  of  this  affidavit. 

8.  I, d'.posited  a  copy  of  the  field  notes  and  plat  in 

the  Record  Office  at rn  \he day  of ,  189.,  and  they 

remained  there  for  reference  for  sixty  days  concurrently  with 
the  publication  of  the  said  notice  in  the  British  Columbia  Ga- 
zette.   

Sworn  and  subscribed  to  at  ,  this  day  of 

189.,  before  me.  

•Particulars  must  be  exclusive  of  all  houses  and  other  like 
Improvements. 

This  affidavit  may  be  made  by  an  agent,  duly  authorized,  In 
writing,  and  can  be  altered  to  suit  circumstances. 

Form  H—CERTIFICATB    OF     IMPROVEMENTS. 

Mineral  Claim. 

This  Is  to  certify  that  of    In  the  District  of 

Fre«  Miner's  Certiflcat«  No ,  has  proved  to  my  satis- 


MINING   LAWS   OF   BRITISH   COLUMBIA. 


la* 


(action  that  he  has  compiled  with  all  the  provisions  of  the 
"Mineral  Act"   to  entitle  him  to  a  certificate  of  Improvements 

In  respect  of  the  Mineral  Claim    situate  at  ,  in  tht 

District  of  ;  and  In  pursuance  of  the  provisions  of  the  said 

Act  I  do  now  issue  this  certificate  of  improvements,  In  respeol 
of  the  above  claim,  to 

Dated  Gold  Commissioner. 

This  certificate  will  become  void  unless  a  Crown  grant  is  ap- 
plied for  within  three  months  from  this  date. 

(Form  may  be  altered  to  suit  circumstances.) 

Form    I— MINING    RECORDPJR'S     CERTIFICATE. 


Mining  Division District Mineral  Claim. 

Date  located Date  recorded, 


To 

Sir— I  herewith  enclose  the  following  documents  relating  to 
your  application  for  a  certificate  of  improvements  to  the  abov« 
claim : 

Affidavit  of  ,  applicant  (Form  H); 

Copy  of  plat  of  claim; 

Copy  of  surveyor's  field  notes. 

And  I  hereby  certify  that  has  published  a  notlo* 

of  his  Intention  to  apply  for  a  certificate  of  Improvements  for 

sixty  days  in  the  British  Columbia  Gazette,  from  the day  of 

189.,  and  newspaper  from  the day  of  189.. 

That  during  the  above  period  a  notice  In  accordance  with  section 
86,  subsection  (d),  has  been  posted,  and  a  copy  of  the  field  notes 
and  plat  of  the  said  claim  deposited  for  reference  In  my  ofUce, 
and  that  no  notice  of  any  action  having  been  commenced  against 
the  Issuance  of  a  certlflcte  of  improvements  to  the  said  claim 
has  been  filed  in  this  office  up  to  this  date.  The  recorded 
owner  of  the  said  claim  at  this  date  la  

Dated  189..  Mining  Recorder. 

Form  J— MILL    SITE. 

Notice. 

Take  notice  that  I,   ,  of  ,  In  the  District  of 

Free  Miner's  Certificate  No Intend,  sixty  days  from 

the  date  hereof,  to  apply  for  acres  of  land  for  a  mill  site. 

situate  at  in  the  District  of  as  a  mill  site. 

Dated  ....^ 


i 


Form  K— MILL    SITE. 

Affidavit  of  Applicant  Prior  to  Lease. 

I ,  of  ,  In  the  District  of  ,  free  miner, 

make  oath  and  say: 

1.  I  have  marked  out  the  land  required  by  me  for  a  mill  slt«, 
by  placing  a  legal  post  at  each  corner. 

2.  I  have  posted  a  notice  on  each  such  post,  and  on  the  Mining 
Recorder's  Office  at  ,  a  copy  of  which  notice  is  hereto  an- 

3.  The  said  land  is  not  known  to  contain  minerals,  and  Is  not, 
to  the  best  of  my  knowledge  and  belief,  valuable  as  mineral 
land.  


:!! 


M  L6 


MtO 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


Form  L— LEASE    OF    MILL    SITE. 

This  Indenture,  made  the  day  of  ,  189.,   between 

the  Gold  Commissioner  for  the  District  of here- 
inafter called  the  lessor),  of  the  one  part,  and  of  

in   the  Distilct  of   free  miner   (hereinafter  called   the 

lessee),  of  the  other  part  wltnesseth,  that  in  exercise  of 
the  powers  vested  in  him  by  the  "Mineral  Act,"  he,  the 
said  lessor,  does  hereby  demise  unto  the  said  lessee,  his  ex- 
ecutors, administrators  and  assigns,  all  that  (describe  the  mill 
site)  for  the  term  of  one  year  from  the  date  hereof,  subject  to 
the  provisions  and  conditions  of  the  "Mineral  Act"  relating 
to  mill  sites. 

In  witness  whereof,  the  said  parties  have  hereunto  set  their 
hands  and  seals.  

Signed,  sealed,  and  delivered  

Form  M— MILL    SITES. 

Certificate  of  Improvements. 

This  is  to  certify  that has  put  or  constructed  works 

or  machinery,  for  mining  or  milling  purposes,  to  the  value  of  at 
least  five  nundred  dollars,  on  the  mill  site  described  in  and  de- 
mised by  indenture  dated  the  day  of  ,  189.,  and  made 

between  during  the  existence  of  such  lease. 

,  Gold  Commissioner. 

Form   O-TUNNEL     OR    DRAIN    LICENSE. 

To  all  whom  it  may  concern: 

Take  notice  that  ,  a  free  mine  and  the  owner  of 

having  given  security  to  the  amount   c  '   for  any 

damage  he  may  do,  has  this  day  obtained  a  Hci^nse  from  me  to 
run  a  tunnel  (or  drain)  from to  his  sa^j  c.aim  (or  mine). 

The  said  license  is  granted  on  these  exr-reds  conditions:  (Set 
out  conditions,  If  any.) 

Dated  Gold  Commissioner. 

SCALE    OF    FEES   TO    BE    CHARGED. 

For  every  Free  Miner's  Certificate  (for  each  year) $5  00 

Every    substituted    certificate    1  00 

Recording  any  claim 2  50 

Recording  every  certificate  of  work 2  50 

Recording  any  "lay  over,"  or  every  other  record  required  to 

be  made  In  the  "Record  Book"   2  50 

Recording  every  abandonment,  including  the  memorandum 

to  be  written  on  the  record  2  50 

For    any    other    record  made  In  the  "Record  of  Abandon- 
ments"   2  50 

For  recording  every  affidavit,  where  the  same  «loes  not  ex- 
ceed three  folios  of  100  words 2  50 

For  every  folio  over  3,  30  cents  per  folio. 

The  above  rate  .shall  be  charged  for  all  records  made  in  the 

"Record  of  Affidavits." 
For  all  records  made  In  the  "Record  of  Conveyances,"  where 

the  same  do  not  exceed  three  folios  2  50 

For  every  folio  over  three,  a  further  charge  of  30  cents  per 
folio. 


(Si 
and  ni 

Tl 

R( 
day  oj 

R( 


Lt 

Tl 
respe(j 

Ti 
feet. 

L( 


MINING    LAWS    OF    BRITISH    COLUMHIA.  131 

For  all  copies  or  extracts  from  any  record  In  any  of  the 
above  named  books,  where  such  copy  or  extracts  shall  not 
exceed  three  folios,  per  copy  2  50 

Where  such  copies  or  extracts  exceed  three  folios,  30  cents 
per  folio  for  every  folio  over  three. 

For  filing  any  document  2i 

For  a  Crown  grant  5  00 


FORMS  FOR  USE  UNDER  PLACER  MINING  ACT. 


A— LOCATION    NOTICE. 

(Set  out  name  of  claim)  Placer  Claim. 

Take  notice  that  (set  out  the  name  of  each  locator)  have  this 

day  located  this  ground  as  a  placer  claim  (or  as  a  set  of  

placer  claims),  to  be  known  as  the   Placer  Claim 

feet  in  length.    Its  general  direction  Is  

Dated  

(Mark  one  post  "Initial  Post"  and  fix  this  notice  on  that  post. 
If  a  set  of  claims  is  located  only  one  notice  is  requisite,  but  ther« 
must  be  an  initial  post  for  each  claim.) 

B— RECORD  OF  A  PLACER  CLAIM. 

(Name  of  Claim  Placer  Claim. 

Located  by  No.  of  certificate (Set  out  th« 

name  of  each  locator,  and  the  number  of  each  locator's  Fre« 
Minor's  Certificate  opposite  such  name.) 

The  claim  is  situate  The  length  of  the  claim  Is  

feet.    Recorded  for  years. 

Located  on  the  day  of  189..    Recorded  this  

day   of   ,   189., 

C— RE-RECORD    OF    A    PLACER     CLAIM. 

(Name  of  Claim)  Placer  Claim. 

(Set  out  the  name  of  each  holder  of  an  interest  In  such  claim, 
and  number  of  each  holder's  Free  Miner's  Certificate.) 

The  claim  is  situate  

Re-recorded  for years,  to  commence  to  run  from  the 

day  of ,18... 

Re-recorded  this  day  of  ,  189.. 


D— RECORD   OF   A   SET   OP   PLACER   CLAIMS. 

(Set  out  the  name  of  each  claim.) 

Located  In  the  partnership  name  of 

The  members  of  the  partnership  and  the  numbers  of  their 
respective  Free  Miner's  Certificates  are:  

The  claims  are  situate The  length  of  each  claim  Is 

feet.    Recorded  for years. 

Located  on  the  day  of  189..     Recorded  on  this 

day  of   189.. 


182 


MINING    LAWS    OF    BRITISH    COLUMBIA. 


E— TUNNEL    OR 
(Same  as  Form  O,  ante.) 


DRAIN     LICENSE. 


F— APPLICATION  FOR  PUBLIC  DRAIN   GRANT. 

We  (set  out  names  in  full  of  each  applicant),  the  undersigned 
free  minerj,  do  hereby  apply  for  a  public  drain  grant,  to  enabl* 
us  to  construct  a  drain  (set  out  nature  and  extent  of  proposed 
drain),   and  to  charge  the  following  tolls  to  all  persons  using 

such  drain  (set  out  proposed  tolls),  such  grant  to  run  for  

years,  and  we  do  further  apply  for  the  following  privileges  to  be 
Included  in  such  grant  (set  out  privileges  sought  to  be  acquired). 

Dated  

To  the  GoJd  Commissioner. 

(Post  notice  on  ground  and  on  Mining  Recorder's  Office,  set- 
ting out  application.) 


'^S 


G— WATER    NOTICE. 

Take  notice  that  we  (set  out  the  name  of  each  applicant  and 
number  of  each  applicant's  Free  Miner's  Certificate),  shall,  twenty 
days  from  the  date  of  this  notice,  apply  to  the  Gold  Commissioner 
for  a  grant  of  a  water  right  over  water  in  (set  out  the  name,  or, 
If  unnamed,  a  sufficient  description  of  the  stream,  lake,  or  other 
source  from  which  water  is  to  be  taken.) 

The   Intended   point  of   diversion   is    The   number   of 

inches  of  water  to  be  applied  for  is  The  purpose  for  which 

such  water  is  required  is  

Dated  

Forms  C   to  H,    lode   claims  applicable  for  placer. 


i 


by 


wh 
Bta 


YUKON 


Ameadments  and  Additions  Adopted  May  la,  1897,  Ooverning  Placer 

Mining  on  tlie  Yulcon  and  its  Tributaries  and 

Nortliwest  Territories. 


/amendments  and  additions  adopted  May  12,  1897,  goT- 
erning  placer  mining  on  the  Yukon  and  tributaries  and 
Northwest  Territory: 

"Privy  Council,  Canada,  at  the  Government  House  at 
Ottawa,  Friday,  the  21st  day  of  May,  1897.— Present,  His  Ex- 
cellency the  Governor-General,  in  Council:  Wher<.ia8,it  is 
found  necessary  and  expedient  that  certain  amendments 
and  additions  should  be  made  to  the  regulations  governing 
'placer  mining'  established  by  order  of  the  council  of  the  9tb 
of  November,  1889. 

"Therefore,  his  excellency,  in  virtue  of  the  provlsiona  of 
'The  Dominion  Lands  Act,'  chapter  54,  of  the  Revised  Stat- 
utes of  Canada,  and  by  and  with  the  advice  of  the  Queen's 
Privy  Council  for  Canada,  is  pleased  to  order  that  the  fol- 
lowing regulations  shall  be,  ard  thp  same  are  hereby,  sub- 
stituted for  the  governance  of  placer  mining  along  the  Yu- 
kon river  and  its  tributaries,  in  the  Northwest  Territories, 
in  the  room,  place  and  stead  of  those  regulations  established 
by  order  in  council  of  the  9th  day  of  November,  188S. 

(Signed.)  "JOHN  J.  M'GEB, 

"Clerk  of  the  Privy  Council. 

"To  the  Honorable  the  Minister  of  the  Interior." 


Interpretation. 

"Bar  Diggings"  shall  mean  any  part  of  a  river  over 
which  the  water  extends  when  the  water  is  in  its  flooded 
state,  and  which  is  not  covered  at  low  water. 

Mines  on  benches  shall  be  known  as  bench  diggings,  and 
shall  for  the  purpose  of  defining  the  size  of  such  claims  be 
excepted  from  dry  diggings. 


m 


134 


MINING    REGULATIONS    FOR    THE    YUKON. 


m 


"Dry  diggings"  shall  mean  any  mine  over  which  a  riv«r 
never  extends. 

"Miner"  shall  mean  a  male  or  female  over  the  age  of  18, 
but  not  under  that  age. 

"Claims"  shall  mean  the  personal  right  of  property  in  a 
placer  mine  or  diggings  during  the  time  for  which  the 
grant  of  such  mine  or  diggings  is  made. 

"Legal  post"  shall  mean  a  stake  standing  not  less  than 
four  feet  above  the  ground  and  squared  on  four  sides  for  at 
least  one  foot  from  the  top:  Both  sides  so  squared  shall 
measure  at  least  four  inches  across  the  face.  It  shall  also 
mean  any  stump  or  tree  cut  off  and  squared  or  faced  to  the 
above  height  and  size. 

"Close  season"  shall  mean  the  period  of  the  year  during 
which  placer  mining  is  generally  suspended.  The  period  to 
be  fixed  by  the  geld  commissioner  in  whose  district  the 
claim  is  situated. 

"Locality"  shall  mean  the  territory  along  a  river  (tribu- 
tary of  the  Yukon)  and  its  affluents. 

"Mineral"  shall  include  all  minerals  whatsoever,  other 
than  coal. 


Nature  and  Size  of  Claims. 


•V-f 


First — Bar  diggings:  A  atrip  of  land  100  feet  wide  at 
high  water  mark,  and  thence  extending  along  into  the  river 
to  its  lowest  water  level. 

Second — The  sides  of  a  claim  for  bar  diggings  shall  be 
two  parallel  lines  run  as  nearly  as  possible  to  its  right 
angles  to  the  stream,  and  shall  be  marked  by  four  legal 
posts,  one  at  each  end  of  the  claim  at  or  about  high  water 
mark,  also  one  at  each  end  of  the  claim  at  or  about  the  edge 
of  the  water.  One  of  the  posts  at  high  water  mark  shall  be 
legibly  marked  with  the  name  of  the  miner  and  the  date 
upon  which  the  claim  is  staked. 

Third — Dry  diggings  shall  be  100  feet  square,  and  jh-ill 
have  placed  at  each  of  its  four  corners  a  legal  post  upon 
one  of  which  shall  be  legibly  marked  the  name  of  the  miner 
and  the  date  upon  which  the  claim  was  staked. 

Fourth — Creek  and  river  claims  shall  be  500  feet  long, 
measured  in  direction  of  the  general  course  of  the  stream,  and 
shall  extend  in  width  from  base  to  base  of  the  hill  or  bench 
on  each  side,  but  when  the  hill  or  benches  are  less  than  100 


MINING    REGULATIONS    FOR    THE    YUKON. 


135 


18, 

n  a 
the 


the 

•ing 

d  to 

the 


feet  apart,  the  claim  may  be  100  feet  in  depth.  The  sides  of 
a  claim  shall  be  two  parallel  lines  run  as  nearly  as  possible 
at  right  angles  to  the  stream.  The  sides  shall  be  marked 
with  legal  pos's  at  or  about  the  edge  of  the  water  and  at 
the  rear  boundaries  of  the  claim.  One  of  the  legal  posts 
pt  the  stream  shall  be  legibly  marked  with  the  name  of  the 
trr,f,r  and  the  date  upon  which  the  claim  was  staked, 
ifth— Bench  claims  shall  be  100  feet  square. 

Sixth— In  defining  the  size  of  claims,  they  shall  be 
measured  horizontally,  irrespective  of  inequalities  on  the 
surface  of  the  ground. 

Seventh — If  any  person  or  persons  shall  discover  a  new 
mine,  and  such  discovery  shall  be  established  to  the  satis- 
faction of  the  gold  commissioner,  a  claim  for  the  bar  dig- 
gings 750  feet  in  length  may  be  granted. 

A  new  stratum  of  auriferous  earth  or  gravel  situated  in 
a  locality  where  the  claims  are  abandoned  shall,  for  this 
purpose,  be  deemed  a  new  mine,  although  the  same  locality 
shall  have  previously  been  worked  at  a  different  level. 

Eig)  i  -The  forms  of  appli (Ration  for  a  grant  for  placor 
mininw  urn'-  he  grant  of  the  same  shall  be  those  contained 
in  fcx  a:  ^1    :nd  1  in  the  schedule  hereto. 

Nini.  -  A  claim  shall  be  recorded  with  the  gold  commis- 
sioner 1:11  -:  ho<=-2  district  it  is  situated  within  three  days  after 
the  location  thereof,  if  it  is  located  within  ten  miles  of  the 
commissioner's  office.  One  extra  day  shall  be  allowed  for 
making  such  record  for  every  additional  ten  miles  and  frac- 
tion thereof. 

Tenth — In  the  event  of  the  absence  of  the  gold  commis- 
sioner from  his  office,  entry  for  a  claim  may  be  granted  by 
any  erson  whom  he  may  appoint  to  perform  his  duties  in 
hifr  j">-'^nce. 

Eircntl'— Entry  shall  not  be  granted  for  a  claim  which 
has  not  been  staked  by  the  applicant  in  person,  in  the  man- 
ner specified  in  these  regulations.  An  affidavit  that  the 
claim  was  staked  out  by  the  applicant  shall  be  embodied  in 
form  H  of  the  schedule  hereto. 

Twelfth— An  entry  fee  of  $15  shall  be  charged  the  first 
year  and  an  annual  fee  of  $100  for  each  of  the  following 
years.  This  provision  shall  apply  to  the  locations  for  which 
entries  have  already  been  granted. 

Thirteenth — After  the  recording  of  a  claim,  the  removal 
of  any  post  by  the  holder  thereof,  or  any  person  acting  in 


IM 


MINING    REGULATIONS    FOR    THE    YUKON. 


m 
I 


I 


his  behalf,  for  the  purpose  of  changing  the  boundaries  of 
his  claim,  shall  act  as  a  forfeiture  of  the  claim. 

Fourteenth — The  entry  of  every  holder  for  a  grant  for 
placer  mining  must  be  renewed,  and  his  receipt  relinquished 
and  replaced  every  year,  "i"  entry  fee  being  paid  each 
year. 

Fifteenth — No  miner  shall  i  eive  a  grant  for  more  than 
one  mining  claim  in  the  same  locality;  but  the  same  miner 
may  hold  any  number  of  claims  by  purchase,  and  any  num- 
ber of  miners  may  unite  to  work  their  claims  in  common 
upon  such  terms  as  they  may  arrange,  provided  such  agree- 
ment be  registered  with  the  gold  commissioner  and  a  fee  of 
«5  paid  for  each  registration. 

Sixteent'i — Any  miner  or  miners  may  sell,  mortgage  or 
dispose  of  his  or  their  claims,  provided  such  disposal  be 
registered  with  and  a  fee  of  |2  paid  to  the  gold  commis- 
sioner, who  shall  thereupon  give  the  assignee  a  certificate 
In  form  J  in  the  schedule  hereto. 

Seventeenth — Every  miner  shall,  during  the  continu- 
ance of  his  grant,  have  the  exclusive  right  of  entry  upon 
his  own  claim  for  the  miner-like  working  thereof,  and  the 
construction  of  a  residence  thereon,  and  shall  be  entitled  ex- 
clusively to  all  the  proceeds  realized  therefrom;  but  he  shall 
have  no  surfaxie  rights  therein,  and  the  gold  commissioner 
may  grant  to  the  holders  of  adjacent  claims  such  rights  of 
entry  thereon  as  may  be  absolutely  necessary  for  the  work- 
ing of  their  claims,  upon  such  terms  as  may  to  him  seem 
reasonable.  He  may  also  grant  permits  to  miners  to  cut 
timber  thereon  for  their  own  use,  upon  payment  of  the  dues 
prescribed  by  the  regulations  in  that  behalf. 

Eighteenth — ^Every  miner  shall  be  entitled  to  the  use  of 
90  much  of  the  water  naturally  flowing  through  or  past  hia 
claim,  and  not  already  lawfully  appropriated,  as  shall  in 
the  opinion  of  the  gold  commissioner  be  necessary  for  the 
due  working  thereof,  and  shall  be  entitled  to  drain  his  own 
claim  free  of  charge. 

Nineteenth — A  claim  shall  be  deemed  to  be  abandoned 
and  open  to  the  occupation  and  entry  by  any  person  when 
the  same  shall  have  remained  unworked  on  working  days  by 
the  grantee  thereof  or  by  some  person  on  his  behalf  for  the 
space  of  seventy-two  hours,  unless  sickness  or  other  reason- 
able cause  may  be  shown  to  the  satisfaction  of  the  gold 
oommissioner.or  unless  the  grantee  is  absent  on  leave  given 


of 


MINING    REGULATIONS    FOR    THK    YUKON.  137 

by  the  commissioner,  and  the  gold  commissioner  upon  ob- 
taining evidence  satisfactory  to  himself  that  this  provision 
is  not  being  complied  with,  may  cancel  the  entry  given  for 
a  claim. 

Twentieth— ^If  the  land  upon  which  a  claim  has  been  lo- 
cated is  not  the  property  of  the  crown  it  will  be  necessary 
for  the  person  who  applies  for  entry  to  furnish  proof  that 
he  has  acquired  fvom  the  owner  of  the  land  the  surface  right 
before  entry  can  be  granted. 

Twenty-first — If  the  occupier  of  the  lands  has  not  re- 
ceived a  patent  therefor,  the  purchase  money  of  the  surface 
rights  must  be  paid  to  the  crown  ,and  a  patent  of  the  surface 
rights  will  issue  to  the  party  who  acquired  the  mining 
rights.  The  money  so  collected  will  either  be  refunded  to 
the  occupier  of  the  land  when  he  is  entitled  to  a  patent 
therefor,  or  will  be  credited  to  him  on  account  of  payment 
for  land. 

Twenty-second — When  the  party  obtaining  the  mining 
rights  cannot  make  an  arrangement  with  the  owner  thereof 
for  the  acquisition  of  the  surface  rights  it  shall  be  lawful  for 
him  to  give  notice  to  the  owner  or  his  agent  or  the  occupier 
to  appoint  an  arbitrator  to  act  with  another  arbitrator 
named  by  him  in  order  to  award  the  amount  of  compensation 
to  which  the  owner  or  occupant  shall  be  entitled.  The 
notice  mentioned  in  this  section  shall  be  according  to  form 
to  be  obtained  upon  application  from  the  gold  commissioner 
for  the  district  in  which  the  lands  in  question  lie,  and  shall, 
when  practicable,  be  personally  served  on  such  owner  or  his 
agent,  if  known,  or  occupant,  and  after  reasonable  efforts 
have  been  made  to  effect  personal  service  without  success, 
then  such  notice  shall  be  served  upon  the  owner  or  agent 
within  a  period  to  be  fixed  by  the  gold  commissioner  before 
the  expiration  of  the  time  limited  in  such  notice.  If  tne 
proprietor  refuses  or  declines  to  appoint  an  arbitrator,  or 
when,  for  any  other  reason,  no  arbitrator  is  appointed  by 
the  proprietor  in  the  time  limited  therefor  in  the  notice  pro- 
vided by  this  section,  the  gold  commissioner  for  the  district 
in  which  the  lands  in  question  lie  shall,  on  being  satisfied 
by  affidavit  that  such  notice  has  come  to  the  knowledge  of 
such  owner,  agent  or  occupant,  or  that  such  owner,  agent  or 
occupant  willfully  evades  the  service  of  such  notice,  or  can- 
not be  found,  and  that  reasonable  efforts  have  been  made  to 
effect  such  service,  and  that  the  notice  was  left  at  the  lait 


138 


MINING    REGULATIONS    FOR    THE    YUKON. 


place  of  abode  of  such  owner,  agent  or  occupant,  appoint  an 
arbitrator  on  his  behalf. 

Twenty-third — (a)  All  arbitrators  appointed  under  the 
authority  of  these  regulations  shall  be  sworn  before  a  justice 
of  the  peace  to  the  Impartial  discharge  of  the  duties  assigned 
to  them,  and  they  shall  forthwith  proceed  to  estimate  Khe 
reasonable  damages  which  the  owner  or  occupant  of  such 
lands  according  to  their  several  interests  therein  shall  sus- 
tain by  reason  of  such  prospecting  and  mining  operations. 

(b)  In  estimating  such  damage  the  arbitrators  shall 
determine  the  value  of  the  land,  irrespective  of  any  enhance- 
ment thereon  from  the  existence  of  mineral  therein. 

(c)  In  case  such  arbitrators  cannot  agree  they  may 
select  a  third  arbitrator,  and  when  the  two  arbitrators  can- 
not agree  upon  a  third  arbitrator,  the  gold  commissioner  for 
the  district  in  which  the  lands  in  question  lie  shall  select 
such  third  arbitrator. 

(d)  The  award  of  any  two  such   arbitrators   made   in 
riting  shall  be  final,  and  shall  be  filed  with  the  gold  com- 
missioner for  the  district  in  which  the  lands  lie. 

If  any  cases  arise  for  which  no  provision  is  made  In 
these  regulations,  the  provisions  of  the  regulations  govern- 
ing the  disposal  of  mineral  lands  other  than  coal  lands  ap- 
proved by  his  excellency  the  governor  in  council  on  the  9th 
day  of  November,  1889,  shall  apply. 


LEGAL  FORMS. 


1^ 


M 


B 


CERTIFICATE    OF    ASSIGNMENT. 

The  form  of  a  certificate  of  aslgnment  of  a  placer  mining 
claim  is  as  follows: 

Form  J— No Department  of  the  Interior,  Agency  

189..  This  is  to  certify  that  (B.  C.)  has  (or  have)  filed  an  as- 
signment in  due  form  dated  ,  189..,  and  accompanied  by  a 

registration  fee  of  two  dollars,  of  the  grant  to  (A.  B.) 

of  ,  of  the  right  to  mine  in  ,  (Insert  descrip- 
tion of  claim)  for  one  year  from   189.. 

This  certificate  entitles  the  said (B.  C.)  to  all  rights 

and  privileges  of  the  said  (A.   B.).   in  respect  of   the 

claim  assigned,  that  Is  to  say,  the  exclusive  right  of  entry  upon 
the  said  claim  for  the  miner-like  working  thereof  and  the  con- 
struction of  a  residence  thereon,  and  the  exclusive  right  to  all 
proceeds  therefrom  for  the  remaining  portion  of  the  year  for 

which   said  claim  was  granted  to   the  said   (A.   B.), 

that  Is  to  say,   until  the   ,  189.. 


MINING    REGULATIONS    FOR    THE    YUKON. 


139 


an 


The  said  (B.  C.)  shall  be  entitled  to  the  use  of  so 

much  water  naturally  flowing  through  or  past  hia  (or  their) 
claim,  and  not  a'ready  lawfully  appropriated,  as  shall  be  neces- 
sary for  the  due  working  thereof,  and  to  drain  the  claim  free  of 
charge. 

This  grant  does  not  convey  to  the  .«aid  (B.  C.)  any 

surface  rights  in  paid  claim  or  any  rights  or  ownership  in  the 
soil  covered  by  the  said  claim,  and  the  said  grant  shall  lapse 
and  be  forfeited  unless  the  claim  is  continual. y  and  in  go^d  faith 
worked  by  the  said  (B.  C.)  or  his  (or  their)  associates. 

The  rights  hereby  granted  are  tho?e  laid  down  in  the  Domin- 
ion mining  regulations,  and  are  subject  to  all  provisions  of  the 
said  regulations,  whether  the  same  are  expressed  herein  or  not. 

,  Gold  Commissioner. 


APPLICATION    FOR    GRANT. 

The  foim  of  application  for  grant  for  placer  mining  claim 
and  aflfidavit  of  applicant  is  as  follows: 

Form  H— I  (or  we),  of  hereby  apply  under  the  Do- 
minion mining  regulations  for  grant  of  a  claim  for  placer  min- 
ing as  defined  in  the  said  regulations  in  (here  describe 

locality)  and  I  (or  we)  solemnly  swear: 

First— That  I  (or  we)  am  (or  are)  to  the  best  of  my  (or  our) 
knowledge  and  belief,  the  first  discoverer  (or  discoverers)  of  the 
said  deposit,  or 

Second— That  the  said  claim  was  previously  granted  to 

(here  name  the  last  grantee),  but  has  remained  unworked  by  the 
said  grantee  for  not  less  than  

Third— That  I  (or  we)  am  (or  are)  unaware  that  the  land  is 
other  than  vacant  Dominion  lands. 

Fourth— That  I  (or  we)  did  on  the  day  of   mark 

out  on  thfr  ground  in  accordance  in  every  particular  with  the 
provisions  of  the  mining  regulations  for  the  Yukon  river  and  Its 
tributaries,  the  claim  for  which  I  (or  we)  make  this  application, 
and  that  in  so  doing  I  (or  we)  did  not  encroach  on  any  other 
claim  or  mining  location  previously  laid  out  by  any  other  per- 
son. 

Fifth-  That  the  said  claim  contains  as  nearly  as  I  (or  we) 

could  measure  or  estimate  an  area  of  square  feet,  and  that 

the  description  (and  sketch,  if  any)  of  this  date  hereto  attached 
signed  by  me  (or  us)  sets  (or  set)  forth  in  detail  to  the  best  of 
my  (or  our)  knowledge  and  ability  Its  position,  form  and  di- 
mensions. 

Sixth— That  I  (or  we)  make  this  application  in  good  faith  to 
acquire  the  claim  for  the  sole  purpose  of  mining,  prosecuted  by 
myself  (or  us)  or  by  myself  and  associates,  or  by  me  (or  our.) 
&ssi&rns 

Sworn  before  me  at  this  day  of  ,  189.. 

(Signature)   

GRANT    FOR    PLACERS. 

The  form  of  grant  for  placer  claim  is  as  follows: 

Form  I— Department  of  the  Interior agency 

189..    In  consideration  of  the  payment  of  the  fee  prescribed 

by  clause  12  of  the  mining  regulations  of  the  Yukon  river  and  its 
tributaries  by  (A.  B.)  accompanying  his  (or  her)  ap- 


140 


MINING    REGULATIONS    FOR    THE    YUKON. 


gllcation  No ,  dated  189..,  for  a  mining  claim 
I  (here  Insert  description  of  locality)  the  minister  of 

the  Interior  hereby  grants  to  the  said  (A.  B.)  for  the 

term  of  one  year  from  the  date  hereof  the  exclusive  right  of 
entry  upon  the  claim  (here  describe  In  detail  the  claim). 

(iranted— For  the  miner-like  worlclng  thereof  and  the  con- 
struction of  a  residence  thereon,  and  the  exclusive  right  to  all 

the  proceeds  derived  therefrom.    That  the  said  (A.  B.) 

shall  be  entitled  to  the  use  of  so  much  water  naturally  flowing 
through  or  past  his  (or  their)  claim  and  not  already  lawfully 
appropriated  as  shall  be  necessary  for  the  due  working  thereof, 
and  to  drain  his  (or  their)  claim  free  of  charge. 

This  grant  does  not  convey  to  the  said   (A.   B.) 

any  surface  right  in  the  said  claim  or  any  right  of  ownership  in 
the  soil  covered  by  the  said  claim,  and  the  said  grant  shall  lapse 
and  be  forfeited  unless  the  claim  is  continuously  and  in  good 

faith  worked  by  the  said  (A.  B.)  or  his  (or  their) 

associates. 

The  rights  hereby  granted  are  those  laid  down  in  the  afore> 
■aid  mining  regulations  and  no  more,  and  are  subject  to  all  the 

8 revisions  of  said  regulations,  whether  the  same  are  expressed 
erein  or  not.  , Gold  Commiaaloner. 


AMENDMENTS  OF  JULY  27,  1897. 


ml 


BENCH  CLAIM,  SIZE?— A  bench  claim  shall  be  100  feet 
•quare  and  shall  have  placed  at  each  of  its  four  corners  a 
legal  post  upon  which  shall  be  legibly  marked  the  name  of 
the  miner  and  the  date  upon  which  the  claim  was  staked. 

CROWN  RESERVATION— Entry  shall  only  be  granted 
for  alternate  claims,  the  other  alternate  claims  being  re- 
served for  the  Crown  to  be  disposed  of  at  public  auction,  or 
In  such  manner  as  may  be  decided  by  the  Minister  of  the 
Interior. 

TRESPASS,  PENALTY— The  penalty  for  trespassing 
upon  a  claim  reserved  for  the  Crown  shall  be  immediate 
cancellation  by  the  gold  commissioner  of  any  entry  or  en- 
tries which  the  person  trespassing  may  have  obtained, 
whether  by  original  entry  or  purchase,  for  a  mining  claim, 
and  the  refusal  by  the  gold  commissioner  of  the  acceptanc 
of  any  application  which  the  person  trespassing  may  at  any 
time  make  for  a  claim.  In  addition  to  such  penalty,  the 
Mounted  Police,  upon  a  requisition  from  the  gold  commis- 


MINING    REGULATIONS    FOR    THE    YUKON. 


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Bloner  to  that  effect,  shall  take  the  necessary  steps  to  eject 
the  trespasser. 

ROYADTY — A  royalty  of  ten  per  cent,  on  the  gold 
mined  shall  be  levied  and  collected  by  officers  to  be  appoint- 
ed for  the  purpose,  provided  the  amount  so  mined  and  taken 
from  a  single  claim  does  not  exceed  five  hundred  dollars  per 
week.  In  case  the  amount  mined  and  taken  from  any 
single  claim  exceeds  five  hundred  dollars  per  week,  there 
shall  be  levied  and  collected  a  royalty  of  ten  per  cent,  upon 
the  amount  so  taken  out  up  to  five  hundred  dollars,  and 
upon  the  excess,  or  amount  taken  from  any  single  claim  over 
five  hundred  dollars  per  week,  there  shall  be  levied  and  col- 
lected a  royalty  of  twenty  per  cent.,  such  royalty  to  form 
part  of  the  consolidated  revenue,  and  to  be  accounted  for 
by  the  officers  who  collect  the  same  in  due  course.  The 
time  and  manner  in  which  such  royalty  shall  be  collected, 
and  the  persons  who  shall  collect  the  same,  shall  be  pro- 
vided for  by  the  regulations  to  be  made  by  the  gold  commis- 
sioner. 

Default  in  payment  of  such  royalty,  if  continued  for  ten 
days  after  notice  has  been  posted  upon  the  claim  in  respect 
of  which  it  is  demanded,  or  in  the  vicinity  of  such  claim, 
by  the  gold  commissioner  or  his  agent,  shall  be  followed  by 
the  cancellation  of  the  claim.  Any  attempt  to  defraud  the 
crown  by  withholding  any  part  of  the  revenue  thus  provided 
for,  by  making  false  statements  of  the  amount  taken  out, 
shall  be  punished  by  cancellation  of  the  claim  in  respect  of 
which  fraud  or  false  statements  have  been  committed  or 
made.  In  respect  of  the  facts  as  to  such  fraud  or  false 
statements  or  non-payment  of  royalty,  the  decision  of  the 
gold  commissioner  shall  be  final. 


No  Mining  by  Proxy. 

AN  ACT  TO  RESTRICT  THE  IMPORTATION  AND 
EMPLOYMENT  OP  ALIENS— (Assented  to  28th  June,  1897.) 
Her  Majesty,  by  and  with  the  advice  and  consent  of  the  Sen- 
ate and  House  of  Commons  of  Canada,  enacts  as  follows: 

1.  From  and  after  the  passing  of  this  act  it  shall  be  un- 
lawful for  any  person,  company,  partnership  or  corporation 
In  any  manner  to  prepay  the  transportation,  or  in  any  way 
to  assist  or  encourage  the  importation  or  immigration  of 
any  alien  or  foreigner  into  Canada,  under  contract  or  agree- 


142 


MINING    REGULATIONS    FOR    THE    YUKON. 


ment,  parole  or  special,  express  or  Implied,  made  previous  to 
the  importation  or  immigration  of  such  alien  or  foreigner, 
to  perform  labor  or  service  of  any  itind  in  Canada. 

2.  All  contracts  or  agreements,  express  or  implied,  pa- 
role or  special,  hereafter  made  by  and  between  any  person, 
company,  partnership  or  corporation,  and  any  alien  or  for- 
eigner, to  perform  labor  or  service,  or  having  reference  to 
the  performance  of  labor  or  service,  by  any  person  in  Canada, 
previous  to  the  immigration  or  importation  of  the  person 
whose  labor  or  service  is  contracted  for  into  Canada,  shall 
be  void  and  of  no  effect. 

3.  For  every  violation  of  any  of  the  provisions  of  section 
one  of  this  act,  the  person,  partnership,  company  or  corpor- 
ation violating  it  by  knowingly  assisting,  encouraging  or  so- 
liciting the  immigration  or  importation  of  any  alien  or  for- 
eigner into  Canada,  to  perform  labor  or  service  of  any  kind 
under  contract  or  agreement,  express  or  implied,  parole  or 
special,  with  such  alien  or  foreigner  previous  to  his  becom- 
ing a  resident  in  or  a  citizen  of  Canada,  shall  forfeit  and  pay 
the  sum  of  one  thousand  dollars,  which  may  be  sued  for  and 
recovered  by  Her  Majesty's  Attorney  General  of  Canada  or 
the  person  duly  authorized  thereto  by  him,  as  debts  of  like 
amount  are  now  recovered  in  any  competent  court  in  Can- 
ada, the  proceeds  to  be  paid  into  the  hands  of  the  Receiver 
General;  and  separate  suits  may  be  brought  for  each  alien 
or  foreigner  who  is  a  party  to  such  contract  or  agreement. 

4.  The  master  of  any  vessel  who  knowingly  brings  ^no 
Canada  on  such  vessel  and  lands  o^  permits  to  be  landed 
from  any  foreign  port  or  place  any  alien,  laborer,  mechanic 
or  artisan  who,  previous  to  embarkation  on  such  vessel  had 
entered  into  contract  or  agreement,  parole  or  special,  ex- 
press or  implied,  to  perform  labor  or  service  in  Canada,  shall 
be  deemed  guilty  of  an  indictable  offense  and,  on  conviction 
thereof  shall  be  punished  by  a  fine  of  not  more  than  five 
hundred  dollars  for  each  alien,  laborer,  mechanic  or  artisan 
so  brought  or  landed  and  may  also  be  imprisoned  for  a  term 
not  exceeding  six  months. 

5.  Nothing  in  this  act  shall  be  so  construed  as  to  pre- 
vent any  citizen  or  subject  of  any  foreign  country,  tempor- 
arily residing  in  Canada,  either  in  private  or  official  capa- 
city from  engaging,  under  contracts  or  otherwise,  persons 
not  residents  or  citizens  of  Canada,  to  act  as  private  secre- 
taries, servants  or  domestics  for  such  foreigner  temporarlVr 


MINING    REGULATIONS    FOR    THE    YUKON. 


143 


to 
er. 

a- 

jr- 
to 
da, 
ion 
all 


residing  in  Canada;  nor  shall  this  Act  be  so  construed  as  to 
prevent  any  person,  partnership  or  corporation  from  engag- 
ing, under  contract  or  agreement,  skilled  workmen  in  for- 
eign countries  to  perform  labor  in  Canada  in  or  upon  any 
new  industry  not  at  present  established  in  Canada,  provided 
that  skilled  labor  for  that  purpose  cannot  be  otherwise  ob- 
tained; nor  shall  the  provisions  of  this  Act  apply  to  profes- 
sional actors,  artists,  lecturers,  or  singers,  or  to  persons  em- 
ployed strictly  as  personal  or  domestic  servants:  Provided, 
that  nothing  in  this  Act  shall  be  construed  as  prohibiting  any 
person  from  assisting  any  member  of  his  family  or  any  rela- 
tive or  personal  friend,  to  migrate  from  any  foreign  country 
to  Canada  for  the  purpose  of  settlement  here. 

6.  The  attorney  general  of  Canada,  in  case  he  shall  be 
satisfied  that  an  immigrant  has  been  allowed  to  land  in 
Canada  contrary  to  the  prohibition  of  this  Act  may  cause 
such  immigrant,  within  the  period  of  one  year  after  landing 
or  entry,  to  be  taken  into  custody  and  returned  to  the  coun- 
try whence  he  came  at  the  expense  of  the  owner  of  the  im- 
porting vessel,  or,  if  he  entered  from  an  adjoining  country, 
at  the  expense  of  the  person  previously  contracting  for  the 
services. 

7.  The  receiver  general  may  pay  to  any  informer  who 
furnishes  original  information  that  the  law  has  been  vio- 
lated such  a  share  of  the  penalties  recovered  as  he  deems  .rea- 
sonable and  just,  not  exteeding  fifty  per  cent.,  where  it  ap- 
pears that  the  recovery  was  had  in  consequence  of  the  info^ 
mation  thus  furnished. 

8.  No  proceedings  under  this  Act  or  prosecutions  for 
violations  thereof,  shall  be  instituted  without  the  consent  of 
the  attorney  general  of  Canada  or  some  person  duly  author- 
ized by  him. 

9.  This  Act  shall  apply  only  to  such  foreign  countries 
as  have  enacted  and  retained  in  force,  or  as  enact  and  retain 
in  force,  laws  or  ordinances  applying  to  Canada  of  a  char- 
acter similar  to  this  Act. 


!•(,>- 

*— 


MINERAL  OFFICERS  OF  BRITISH  COLUMBIA. 


MiniBter  of  Mine3. — Hon.  Col.  James  Baker. 
Provincial  Min^jralogist — W.  A.  Carlyle. 
Public  Assaycr. — H.  Carmichael. 

MlnltKBT  Recorders. 

NANAIMO— M.  Bray,  Nanaimo. 

NEW  WESTMINSTER— D.  Robson,  New  Westminster. 

Ex^.ST  KOOTENAY— J.  Stirrett,  Donald;  F.  C.  Lang, 
Golden;  G.  Go?die,  Windermere;  C.  M.  Edwards,  Fort 
Steele;    M.  Phillips,  Tobacco  Plains. 

WEST  KOOTENAY— J.  H.  Graham,  Revelstoke;  Cory 
Minhennick,  Lardeau;  A.  Sproat,  New  Denver;  John  Keen, 
Kaslo;  W.  J.  Goepel,  Nelson;  J.  Kirkup,  Rossland;  J.  C. 
Rykert,  Rykert's;  T.  Taylor,  Trout  Lake;  R.  J.  Scott,  lUe- 
cillewaet. 

CARIBOO — W.  Stephenson,  Quesnelle  Porks;  J.  Bow- 
ron,  Bakerville. 

^YALE— W.  Dodd,  Yale;  L.  Norris,  Vernon;  O.  A.  R. 
Lambly,  Osoyoos;  W.  McMynn,  Midway;  H.  Hunter,  Gran- 
ite Creek;    G.  C.  Tunstall,  Kamloops. 

IJILLOOBiT— C.  A.  Phair,  Lillooet;    F.  Soues,  Clinton. 

CASSIAR — Ezra  Evans,  Manson  Creek  Omineea;  James 
Porter,  Laketon. 

ALBERNI— Thomas  Fletcher,  Albernl. 

VICTORIA— W.  S.  Gore,  Victoria. 

Ooifl^  Commissioners. 

FOR  THE  PROVINCE^W.  S.  Gore. 

AliDERN'I— Thomas  Fletcher,  Alberni. 

CARIBOO— John  Bowren,  Richfield. 

CASSIAR  DISTRICT— James  Porter,  Laketon,  Cassiar. 

LILLOOET  DISTRICT— Frederick  Soues,  Clinton. 

EAST  KOOTENAY  DISTRICT— J,  F.  Armstrong,  Don- 
ald. 

WEST  KOOTENAY  DISTRICT— N.  Fitzstubbs.  Nelson; 
J.  D..  Graham,  Revelstoke. 

YALE  DISTRICT— Charles  Lambly,  Osoyoos;  G.  C. 
Tunstall,  Kamloops. 

Assayers. 

Public  Assayer,  H.  Carmichael,  Victoria;  W.  Pellew  Har- 
vey, Vancouver;  J.  A.  MoFarlane,  Vancouver;  Robbins  A: 
[x)ng.  Rossland. 


LATEST  AMENDHENTS 


Rules  for  placer  mining  on*  Vukon,  JV.  fV.  T.,  issued  by  the  Canadian 
Goi'ernment  January  i8th,  1898 : 

it  I  p-ee  miner'  shall  mean  a  male  or  female  over  the  age  of  18,  but  not 
under  that  age  ;  or  a  joint  stock  company  named  in,  and  lawfully  possessed 
of,  valid  existing  free  miner's  certificate,  and  no  other. 

"A  free  miner's  certificate  shall  not  be  transferable.  This  certificate 
may  be  granted  for  one  year,  to  run  Irom  the  date  thereof  or  expiration  of 
the  applicant's  then  existing  certificate,  upon  payment  thereof  df  the  sum 
of  ?'o,  unless  the  certificate  is  to  be  issued  in  favor  of  a  joint  stoi  cotnpany, 
ir>  ch  case  the  fee  will  be  I50  ;  for  a  company  having  a  nominal  capital 
e:  'n}4  |ioo,ooo  the  fee  shall  be  |ioo. 

•■  Only  one  person  or  joint  stock  company  shall  be  named  in  a  certificate. 
This  certificate  shall  also  grant  the  holder  the  privilege  ol  fishing  and  shoot- 
ing, subject  to  provisions  of  cutting  timber  for  actual  necessities,  for  build- 
ing houses,  boats  and  for  general  mining  operations  for  the  exclusive  use  of 
the  miner  himself ;  but  such  permission  shall  not  extend  to  timber  which 
may  have  been  granted  to  other  persons  or  corporations. 

"  Certificates  may  be  obtained  by  applicants  in  person  at  the  depart- 
ment of  the  interior,  Ottawa,  or  from  the  agents  of  Dominion  lands  at 
Winnipeg,  Man.;  Calgary,  Edmonton  and  Piince  Albert,  in  the  Northwest 
territory  ;  Kamloops  and  New  Westminster,  B.  C.  ;  Dawson  in  the  Yukon 
distiict;  also  from  agents  of  the  government  at  Vancouver  and  Victoria, 
B  C. 

"  No  person  or  joint  stock  company  will  be  recognized  as  having  any 
1  ight  or  interest  in  or  to  any  claim  unless  he  or  it,  or  every  person  in  his  or 
its  employment,  shall  have  a  free  miner's  certificate  unexpired  ;  and,  on  the 
expiration  of  a  free  miner's  certificate,  the  owner  thereof  shall  absolutely 
forfeit  all  his  rights  and  intere.sts  unless  he  shall,  on  or  before  the  day  fol- 
lowing the  expiration  of  such  certificate,  obtain  a  new  free  miner's  certifi- 
cate. Nevertheless,  should  any  co-owner  fail  to  keep  up  his  free  miner's 
certificate,  such  failure  shall  not  cause  a  forfeiture  or  act  as  an  abondon- 
meut  of  the  claim,  but  the  interest  of  such  co-owners  pro  rata  according  to 
their  former  intere.sts  ;  provided,  nevertheless,  that  a  shareholder  in  a  joint 
stock  company  need  not  be  a  free  miner. 

"Every  free  miner,  during  the  continuance  of  his  certificate,  shall  have 
the  right  to  etite. ,  prospect  or  mine  for  gold  and  minerals  upon  any  lands 
in  the  Yukon  district,  whether  vested  in  the  crown  or  otherwise,  except 
upon  government  reservations  and  land  lawfully  occupied.  A  creek,  gulch, 
river  or  hill  claim  shall  not  exceed  250  feet  in  length  in  the  general  direction 
of  the  stream  or  ravine  on  which  it  fronts,  and  shall  not  be  more  than  1000 
feet  in  width,  Every  alternate  ten  claims  shall  be  reserved  for  the  govern- 
ment of  Canada. 


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it   ' 

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"That  is  to  say,  wli en  a  claim  is  located,  the  discovery  claim  and  nine 
additional  claims  adjoining  each  other,  and  numbered  consecutively,  will  be 
open  for  registration.    Then  the  next  ten  claims  of  250  feet  each  will  be  re 
served  for  the  government,  and  so  on, 

"  The  penalty  for  tresspassing  upon  a  claim  reserved  for  the  crown  shall 
be  immediate  cancellation  of  any  entry  or  entries  which  the  persons  trans 
gressing  may  have  obtained,  whether  by  original  entry  or  by  purchase  of  a 
mining  claim,  and  the  refusal  of  the  acceptance  of  any  application  which 
the  person  trespassing  may  at  any  time  make  for  a  claim. 

"  If  any  free  miner  or  party  of  fiee  miners  discover  a  nev^  mine,  and 
such  discovery  shall  be  established  to  the  satisfaction  of  the  mining  re- 
corder, creek,  river  or  hill  claims  of  the  following  size  shall  be  allowed  : 

"  To  one  discoverer  of  claim,  500  feet  in  length  ;  to  a  party  of  two  dis- 
coverers, two  claims  amounting  together  to  loco  feet  in  length ,  to  each 
party  beyond  two  in  number,  a  claim  of  the  ordinary  size  only. 

"  A  claim  shall  be  recorded  with  the  mining  recorder  in  whose  district 
it  is  situated  within  ten  days  afler  the  location  thereof 

"  Entry  shall  not  be  granted  for  a  claim  which  has  not  been  staked  by 
the  applicants  in  person  in  the  manner  specified  in  these  regulations.  An 
entry  fee  of  $15  shall  be  charged  the  finst  year,  and  an  annual  fee  of  $15  for 
each  of  the  following  years.  A  royalty  of  10  per  cent,  on  the  gold  mined 
shall  be  levied  and  collected  on  the  gross  output  of  each  claim.  The  sum  ol 
$2,500  shall  be  deducted  from  the  gross  annual  output  of  a  claim  when  esti- 
mating the  amount  upon  which  royalty  is  to  be  calculated,  but  this  exempt 
tion  shall  not  be  allowed  unless  the  royalty  is  paid  at  a  banking  office  or  to 
the  gold  commissioner  or  mining  recorder. 

"  The  following  regulations  are  adopted  lor  the  issue  ot  leases  to  persons 
or  companies  who  have  obtained  a  free  miner's  certifieate  to  dredge  for 
mineral  other  than  coal  in  the  submerged  beds  or  bars  of  rivers  in  the 
provisional  district  of  the  Yukon,  in  the  Northwest  territory. 

"  The  les.see  shall  be  given  the  exchisive  right  to  subaqueous  mining 

and  dredging  for  all  minerals,  with  the  exception  of  coal,  in  and  along  an 

unbroken  extent  of  five  miles  ot  a  river. 

••  No  more  than  six  such  leases  will  be  issued  in  favor  of  an  individual 
or  company,  so  that  the  maximum  extent  of  river  in  and  along  which  any 
individual  or  company  shall  be  given  the  exclusive  right  above  mentioned 
shall  under  no  circumstances  exceed  thirty  miles.  The  lease  shall  be  for  a 
term  of  twenty  years,  renewable  at  the  dircretion  of  the  minister  of  the  in- 
terior. The-lessee  shall  have  at  least  one  dredge  in  operation  upon  the  five 
miles  of  river  leased  lo  him  within  two  seasons  from  the  date  of  his  lease, 
and  if,  during  one  season  when  operations  can  be  earned  on,  he  fails  to  et- 
ficiently  work  the  same  to  the  satisfaction  of  the  minister  of  the  interior, 
the  lease  shall  oecjme  null  and  void,  unhss  the  minister  of  the  interior 
shall  otherwise  decide;  provided,  that  when  any  company  or  individual 
has  obtained  more  than  one  lease,  one  dredge  for  each  fifteen  miles  or 
portion  thereof  shall  be  held  to  be  compliance  with  this  regulation. 

"  The  lessee  shall  pay  a  rental  of  ?ico  per  annum  for  each  mile  of  river 
so  leased  to  him.  The  lessee  shall  also  pay  to  the  crown  a  royalty  of  10  per 
cent,  on  the  output  in  excess  of  ^15,000." 


a 


